Divorce: What Are We Going to Do About the House?
When going through a divorce, one of the biggest questions you are likely to face is: What are we going to do about the house? For many couples, the house is the most valuable asset you own. Deciding how to handle it will take thought, cooperation, and clear information.
Understand How the House Is Owned
First, you will need to find out how the house is titled. In Florida, you can check the public records on the clerk’s website in the county where you live to see whose names are on the deed. If it was purchased during the marriage using marital funds, it is typically considered a marital asset and subject to equitable distribution.
You will also need to search for any liens, mortgages, or judgments recorded against the property. This helps to discover whether money is owed to anyone who could have a legal claim on the house.
The Condition of the House and the Value
Before you can decide what to do with the house, you need to review its condition. A professional inspection, while it costs some money, will reveal issues like roof damage or plumbing problems. If you plan to keep the home, this helps you understand the financial issues ahead. If you are planning to sell, addressing repairs in advance may help you to attract better offers and avoid price reductions during negotiations.
Knowing the current market value is also key. A qualified real estate agent can provide comparable sales and insight into your specific neighborhood. Location factors such as proximity to schools, beaches, or storm-prone areas can influence pricing.
Consider the Ongoing Expenses
Whether you or your spouse wants to stay in the home, or you decide to sell it, knowing the ongoing costs is important. That includes utilities, insurance, taxes, repairs and maintenance. A buyer will likely want this information too, so it’s smart to have it ready.
Collaborative Divorce Makes It Easier
In a Collaborative Divorce, a neutral financial professional can help you understand your options for the house. You will meet as a team with your lawyers, a facilitator, and the financial neutral to openly discuss the issues in your divorce. Instead of one spouse carrying the burden of gathering all the data, the financial expert will handle much of the research and organization, then present ideas to help you decide what to do together. This team approach leads to better, more informed decisions than other divorce methods.
Talk to a Collaborative Divorce Attorney
If you are asking yourself, “What are we going to do about the house?” you don’t have to figure it out alone. At the Law Offices of Robert J. Merlin, we help our clients find practical, respectful solutions through the Collaborative Divorce process. If you’re ready to have calm, informed conversations about your home and your future, contact Robert J. Merlin today at (305) 448-1555 to schedule a consultation. We’re here to help you make smart decisions together.
The Law Offices of Robert J. Merlin, P.A. are located at 250 Catalonia Avenue, Suite 706, Coral Gables, FL 33134.
Bob Merlin is a Florida Bar Board Certified Family Law Specialist, he practices in the areas of divorce, time-sharing of children and parenting plans, child support, alimony, paternity, pre-nuptial and post-nuptial agreements, and cohabitation/partnership agreements.
As an experienced Collaborative attorney, Bob continually hones his skills in the Collaborative Process and trains other professionals how to become a Collaborative professional as he is.
“My goal is to help divorcing and other family law clients make well-informed decisions so they experience a more efficient process and feel more in control over their futures.”
