Can I Stay In My House Post-Divorce If I Can't Afford It On My Own?

Can I Stay In My House Post-Divorce If I Can't Afford It On My Own?

Dear Attorneys,

I am getting divorced, and unfortunately, I am the spouse that makes less money. I took time off to be with the kids, went back to work, and have yet to make the salary I once had. I don’t want much, but I need to keep the house. I don’t want my children to have to move, and I don’t want to have to uproot myself and all my belongings either. The only issue I have is that I can’t afford the house on my own. What are my options? Is there any scenario where I get the house and the monetary support to keep up with it?

Sincerely,

Unwilling to Move

 

Dear Unwilling,

Without a consultation to go over all of your documentation and finances, it’s hard to say what your true options are. However, a judge would likely not award a property to someone if they could not afford it.  That said, your income/financial situation would be taken into account, as well as any support orders that the other spouse pays you (i.e. alimony and/or child support).  If you cannot reach an agreement on who retains the house, if anyone, then that would likely push your matter to trial and, often, a judge will force a sale in that situation.  That said, if you really want to keep the house, you may need to compare “apples to oranges,” in the division of your assets and/or stream of income to make it work.

We completely understand the desire to keep your children in their childhood home, and have helped many clients through similar situations. We would be happy to set up a confidential consultation for you and go over this in more depth. Please contact us at 203.745.3151 or at info@wolfandshorelaw.com.

Very Truly Yours,

Wolf & Shore Law Group

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