In Florida, can I and should I keep the house?

Whether you agree that one party will keep the marital home or are awarded the marital home in a divorce, really depends on whether you will be able to afford the marital home on your own after the divorce. If the marital home is mortgaged, the party seeking to keep the home will need to seek financing without the other party’s financial assistance. If neither party can refinance on their own, then it may be wise to file a Motion within the divorce proceeding to “Partition” the marital home or file a Petition to Partition the jointly titled property.

Merely getting a divorce will not relieve one or both parties from a mortgage or loan document that was signed by both parties. This also applies to jointly owned personal property, such as vehicles with joint loans.

Whether you have a marital home that is mortgaged or jointly owned personal property with a lien, you should ask a family law attorney in your area for a consultation to determine whether you will be able to keep your home after the divorce.

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