How is a House Divided in a Divorce by the Courts?
If ex-partners cannot agree on how is a house divided in a divorce, a judge will decide on the reasonable division of property. Their decision to award property to one partner over another is based on the length of the marriage, and several contributing factors which include:
• Earning potential
• Savings and additional assets
• Living expenses
• Standard of living
• Ex-partner's role in the relationship, for example breadwinner or primary carer
Should children be involved in how is a house divided in a divorce, the judge is generally reluctant to cause them undue stress and remove them from the family property. The primary caregiver will usually be awarded the family home as part of any settlement.
Who gets the house in a divorce with children? Typically, the mother but a judge will grant the property to the primary caregiver, or ex-partner who will provide the safest home, ensuring the least upheaval for the child.
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