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Divorces And Dividing Property: Who Gets The House?

In the 1950s, the median age for marriage was 23 for men and 20 for women. In 2004, the median marriage age was 27 for men and 26 for women. But even though couples are typically waiting a bit longer to get married, that doesn’t mean every marriage lasts. And no matter how old you are, a divorce can be completely devastating — even if you’re filing an uncontested divorce. Not only will your partnership dissolve, but the life you’ve built together will too. That includes where you’ve resided together as a couple.

In Florida, property acquired by either party during the course of a marriage will be considered marital property. Regardless of whose name is on the deed, that property will usually be divided 50/50. This rule also applies to businesses, pension rights, retirement accounts, and gifts made between spouses. However, any property that one spouse owned prior to the marriage is considered separate, as long as it wasn’t co-mingled with marital property. The same goes for any property that one spouse inherited or received from a third party — again, as long as it wasn’t co-mingled with marital property or transferred into joint ownership. In these cases, that spouse will typically get to keep it after the divorce.

Whether you plan on filing for an uncontested divorce or whether you’re unable to reach an agreement with your spouse, dividing real estate can be tricky. That’s why you should always seek the counsel of a with a reputable divorce law firm. Even if you reach with a mutual agreement on your own, it is always a good idea to have an attorney draft the settlement agreement. Some spouses decide to sell the property and divide the money, while others may feel that continuing to jointly own the property for a time will work better for them. But in many cases, legal assistance is needed to reach a decision that’s beneficial to both parties.

Unfortunately, the answer to ‘who gets to keep the house?’ isn’t straightforward — but divorce cases rarely are, even if you’re going to be filing an uncontested divorce. If you need an experienced and reputable divorce lawyer in the West Palm Beach, FL area, get in touch with the Affordable Divorce Center today.

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Affordable Divorce Center
1665 Palm Beach Lakes Blvd, Suite 105
West Palm Beach, FL 33401
Phone: 561-655-6840
Fax: 561-296-6333
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