How is a house divided in a divorce with kids?

There are no set rules to dictate what should happen to the family home. Instead, it can depend on a lot of factors, with the most important being whether you have children. So, who gets the house in Divorce is closely linked to child custody, with the Court typically awarding the right to the primary care-giver.

Do you have to pay your mortgage if you have a divorce?

If you are going through a divorce you need to keep paying the mortgage, even if you have moved out of the family home. When two people take out a joint mortgage, both agree to be equally liable for the debt until the mortgage is paid off, not just while you live in the property.

Can a child live in the house during a divorce?

It is hoped that by allowing a child to remain in their home, the disruption caused by the divorce will be minimised. However, even though the other person may not be entitled to live in the house, this doesn’t mean they are exempt from paying the mortgage or that they are automatically written off the Title Deeds.

Can a spouse get custody of a minor child in a divorce?

You and your spouse can also reach your own divorce agreement dividing up marital assets, including the family home. However, if you leave matters up to a judge, the parent with custody of minor children will probably get to stay in the marital home. A judge can award the marital home to one spouse as part of property distribution in your divorce.

What are the rules for claiming a child of a divorced parent?

Overview of the Rules for Claiming a Dependent Children of divorced or separated parents (or parents who live apart). Custodial parent and noncustodial parent. Equal number of nights. December 31. Emancipated child. Absences. Parent works at night. Written declaration.

Can a divorcing couple keep the mortgage on their home?

Divorcing couples sometimes reach other agreements. They both might continue to own the home jointly and not change the mortgage even though only one of them lives in it. Sometimes the home is quitclaimed to the spouse who will live there but the other partner remains on the mortgage – a strategy that puts the departing spouse at risk.

Can a child stay in their childhood home during a divorce?

This is because a home is seen as a source of stability for children embroiled in the midst of their parents’ divorce. Letting children stay in their childhood home also allows them to maintain the same friendships and attend the same school. One exception may be if neither spouse can afford to keep the home.