Legal Question in Family Law in Florida

Re: Divorce-keep home

Sure. You can put whatever terms you want in your dissolution agreement. You can set a future sale date and whatever percentage each gets that you decide on. Just understand that until sale or refinance, you are both responsible for the house no matter who lives in it until the sale.

Re: Divorce-keep home

If you are both in agreement consult a family law mediator who can draft the paperwork.

Re: Divorce-keep home

Yes. You both can reduce this mutual understanding into agreement or in the divorce case and to obtain order to this effect in the divorce order from the competent court. It is better both of you to counselt the lawyer

Re: Divorce-keep home

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Certainly. The parties can agree to whatever arrangement they are comfortable with. Please bear in mind that both will remain mutually responsible for the mortgage, taxes and other obligations of the house until it is sold.

In an amicable divorce, it can be mutually beneficial to hold the home until the market recovers. If the divorce is full of acrimony, this can be a serious mistake, however. Only the parties can answer where there divorce lies.

I would strongly suggest that you both obtain independent counsel to negotiate a marital settlement agreement setting forth all the rights and obligations of the parties which will dictate the rights and obligations of each party for the divorce and during the time of holding the property. You may also wish to designate an agreed selling price or maximum time to hold the property to avoid arguments later.

Scott R. Jay, Esq.