Whether or not to stay in the marital home during your divorce is a question frequently asked to Orlando Divorce Lawyers. There are two issues surrounding the home that couples should be concerned about. The first is whether or not they will lose their rights to the home. The second concerns their children.
Your home is considered a marital asset (or liability.) According to Florida law, you are entitled to an equitable distribution of all marital assets and liabilities. That being the case, you will not lose your rights to your home if you choose to no longer live in it. The value of your home will be equitably distributed along with all of the other marital property.
The situation is very different, however, if you and your spouse have children together. If you have moved out of your home and your children are spending the majority of their time with your spouse, at trial it may be difficult to convince a judge that the children should be in your care the majority of the time.
The best information about your rights regarding your home and your children will come from an experienced Orlando Family Law Attorney. To schedule an initial consultation with Wade P. Luther, please email us or call (407) 835-9900.