An important issue that divorce attorneys advise clients with children about is whether or not they should try to keep the marital home.
All real estate owned by a couple, including the family home, is considered community property in Texas that must be fairly dispersed acceptably or sold.
Yet when it comes to the family home, divorce lawyers find that couples with kids wonder whether the custodial parent should keep it and continue raising the children there or be sold like everything else.
Because no situation is ever the same, divorce attorneys recommend that spouses carefully consider the positives and negatives of keeping it for the kids.
The Emotional Element
Emotions run high during divorces, especially when children are involved.
In terms of deciding about what to do with the family home, divorce lawyers remind their clients to consider the emotions of the situation and how their children might be affected.
Leaving home they have been raised can be incredibly distressing to some kids, adding to what is already an emotionally-stressful situation for them.
Keeping it might be some solace in that there is at least one thing that won’t be changing; however, divorce attorneys also point out the other side of both of those thoughts, which is the concept that starting over in a new home can be beneficial for some families if the kids understand and are comfortable with the idea.
In some instances, children can find living in the same home without their second parent distressing.
The Financial Element
Regarding finances, divorce lawyers point out the obvious first consideration - can the custodial spouse afford the house on their own?
Are they also able to buy back the other spouse’s share of the equity already in the home so they can be the sole owner?
Finances are frequently the deciding factor, even if the desire is to keep the home.
If money is an issue, divorce attorneys can work with the spouses to determine if there are other ways to manage the finances that make keeping the home a possibility.
Adjusting the distribution of other marital property is one way to be done.
Lawyers and their clients must get creative at times to balance the finances when keeping a family home for the kids' sake is a priority.
The Practical Element
Divorce attorneys also point out that there are specific practical points to consider when parent spouses decide on what to do with the family home.
Since the custodial parent, along with the kids, will need to relocate, distance from the non-custodial parent, school districts, affordability, legal restrictions, and many other practical issues must be considered.
When deciding to keep the home, how will all the furnishings and home-related possessions be dispersed, and how will the necessary items be replaced?
These are just some additional concerns that can complicate the matter, whether keeping or selling the family home.
Discuss Important Divorce Issues With A Divorce Lawyer
For some families, it is moving to a new home after a divorce is easy, while for others, it is a heart-wrenching event.
Whether to keep or sell a family home when there are children involved is no easy one to make.
Fortunately, with the help of caring divorce lawyers who understand the impact of this decision, divorcing spouses can carefully negotiate this decision and be sure to make the right one.
A divorce attorney such as those with Schreier & Housewirth who can help spouses negotiate what is best for their kids, including critical decisions such as keeping or selling a family home, can make the process easier.
The insight of board-certified family attorneys at Schreier & Housewirth is invaluable when facing any family law issue – call them today at (817) 753-8565 for help!