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What Will Happen to the Marital Residence in an Orlando, Florida Area Divorce Case?

What happens to the Marital Residence in an Orlando area Dissolution of Marriage case depends on several factors. Some of the factors you should analyze and evaluate in making a decision and determination as to what you want to request and plead regarding the Marital Residence in your Petition for Dissolution of Marriage are:  Whose name is on the deed to the Marital Residence? Whose name is on the mortgage of the Marital Residence? Was the Marital Residence owned by one of the spouses prior to the marriage? Did one spouse make a down payment on the Marital Residence from nonmarital funds? Did one spouse make a large payment on the mortgage with a nonmarital inheritance or gift?

 If both spouses’ names are on the deed, here are a few more things to think about and a few more questions to answer: Do you want to sell the Marital Residence? Does your spouse want to sell the Marital Residence? Remember, if you want to sell the Marital Residence, you must include a Partition section in the Petition for Dissolution of Marriage requesting the partition and sale of the Marital Residence.    

Other questions to think about in making your determination regarding the Marital Residence should include: Can you afford to refinance the Marital Residence in your name only? Can your spouse afford to refinance the Marital Residence in his/her name only? Do you have children that you want to remain in the Marital Residence because the children are secure in the house, comfortable in the house, have friends in neighborhood, and the children want to continue at their current schools? Do you want exclusive use and possession of the Marital Residence until the youngest child turns 18? If you want to request that, how will you accomplish that financially? 

Again, can you afford to refinance the Marital Residence in your name only? Can you maintain and sustain the Marital Residence and mortgage after the Dissolution of Marriage? Will your spouse care if they remain on the mortgage? How long will you need to refinance the mortgage in your name only? How long will your spouse give you to refinance the mortgage? 

Also, you should ponder: Who will live in the Marital Residence during the pendency of the divorce? Will you both live there? Will you or your spouse move out of the Marital Residence?

Thinking about these issues and having realistic goals during the pendency of the Dissolution of Marriage can save you the expenses in attorney’s fees of litigating these issues regarding the Marital Residence. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com; and check me out on these other sites: Ann Marie Giordano Gilden on FaceBook; Ann Marie (Giordano) Gilden on Linked In; and Ann Marie Giordano Gilden on AVVO and Lawyers.com. 

This article is for informational purposes only; and it does not form an attorney client privilege.