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When it comes to keeping the maritial home, you have to be brutally honest and realistic in your thinking. Can you afford to buy your ex out, and if you can, will you be able to afford the mortgage re-payments? Keep in mind a house comes with ongoing maintenance and repairs. Do you have the means to pay for repairs as they come up, or can you do them yourself?

You should also think about who, most likely, will get custody of the children. If you don't want the children to be with you completely, then don't expect to get the house, because the house usually goes where the children are. Of course, it goes without saying, you shouldn't ask for custody of the shildren just because you want the house.

If you've checked your finances and you're certain you can afford to own a house by yourself, then you can offer to buy out your ex's half share. If they're agreeable then the problem's solved, if they're not agreeable then you'll need to have a back up strategy.

This is where the brutal part comes in to play. To swing things in your favor ask your ex to move out right away, this way you will have a better chance of getting the house, and the other party will usually be seen to have forfeited the home to you. Also, if you run your business from the house or within the house, it can go towards proving you have more at stake than simply gaining or losing the maritial home.

Above all else before you take on any property disputes, which are invariably physically and emotionally exhausting, ask yourself if it's worth it, are you pushing the issue for the right reasons. The marital home can be so full of emotion it may be difficult for you to see the situation clearly. Talk to your family and friends and seriously take on board their insights and comments. Although, ultimately the decision is yours to make, take your time and don't be rushed into making a possible mistake.


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