Floridians who are going through a divorce will have many issues to deal with. In some situations, there is an overlap between them. That is true with having a dependent child and how it might impact property division, specifically a marital home. The court will strive to serve the child’s best interests and, in the context of property division, it may decide that the custodial parent should retain the marital home for the child. Knowing the law for this situation is key to reaching a positive solution.
What factors are considered with children and a marital home?
The marital home is likely to have substantial value. With that, it tends to be a desirable asset for both sides. The parent who has custody of a minor child may want to retain it to maintain a level of familiarity and consistency for the child. The court will of course assess the fairness of deciding to let the child remain in the home with the custodial parent as part of its equitable distribution process.
Finances are a fundamental part of this determination. In some cases, the parties shared the cost of the purchase, maintenance and improvement of the property and keeping it after they have divorced will simply not be affordable. Many cases in which there is a marital home end with it needing to be sold and split in some way. In marriages where the parties lived modestly and did not have a substantial income, it could be difficult to keep the property.
If the decision is made to let the child live in the residence, it will last until the child is emancipated or the exclusive possession of the property is terminated by the court. The first hurdle is the best interests of the child. If it is not found to be in the child’s best interests, other ways to ensure a fair split of property will be considered prior to giving one side possession and exclusivity with the marital home.
For complex family law issues, it is important to have help
The marital home is always a potential topic for dispute in a divorce. If that stems from one party’s desire to keep the property to try and make things easier for a child, it will be weighed by the court. It is possible that the court will decide to allow the parent to keep the marital home with the child. Or it could try to find another outcome it deems fair. For this and all parts of marital property division, having professional assistance can be crucial to be protected and reach a reasonable resolution.