Marriage is beautiful. It’s a commitment to another person and one that you should never take lightly. But sometimes things happen that make it impossible for your marriage to continue as it had been.
That’s when divorce comes into play—and it can be a stressful process. You’ll have to go through legal proceedings, and there are often disagreements about how assets should be divided, or how custody of children should be handled.
We understand that you’re also asking yourself who gets the house in a divorce.
There’s no need to worry, though! Our Miami-based attorneys at Arturo R. Alfonso have more than 25 years of experience in family law, and they can help you through the process so that you can get on with your life.
What are Divorce Laws in Miami?
If you and your spouse are having issues, it can be hard to know what to do. But Arturo R. Alfonso P.A will help you during the divorce process. We have experience and have helped many people settle marital issues
We understand that you might feel confused, overwhelmed, or even angry. But if you think divorce might be the best option for you and your family, then you must ask yourself who gets to stay in the house during a divorce? It’s important to know that there are options available in Florida.
Divorce laws in Florida allow couples to end their marriages through annulment or divorce. Annulment is a legal process that deems a marriage as never having existed. This is different from a divorce because a marriage that was annulled never existed in the first place, so no property division or alimony (spousal support) needs to be considered.
For a marriage to end in Florida via annulment, one of the spouses must have been under 18 years old at the time of marriage; have been forced into marriage by someone else, or have been mentally incapacitated at the time of marriage.
To end a marriage via a divorce, there must be grounds for legal separation in addition to proof that the couple has lived together for at least six months before filing for divorce. After the dissolution of marriage occurs, there is typically a 20-day waiting period before a hearing can begin.
Who Keeps the House in a Divorce?
You may be asking yourself who gets the house in a divorce. Well, when it comes to property law for divorce in Florida, it’s all about fairness. The state of Florida is one of the few states that does not require a specific formula for dividing assets. Instead, judges have the power to divide property however they see fit. But what happens when it comes to the home asset?
The option is that the house is split into half and each person gets half of its value—This is probably the most straightforward option, but it also means one person will have to find somewhere else to live. This could be very expensive if one person has been paying all of the mortgages while married or if they’ve made major improvements over time such as installing new appliances or making renovations
Another option is for one person to get custody of the children and compensate the other person with 50% of the value of the house. It is important because you don’t want to disrupt education by changing schools and whatsoever.
So, any spouse can keep the house but compensate the other partner with 50% of the value of the house. However, if you fail to agree with each then you sell the house and divide the proceeds equally.
If you have any questions about how these laws work or how they might affect your situation, please don’t hesitate to contact Arturo R. Alfonso P.A for some great advice!