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When you are getting separated and you wish for custody of the house ask yourself these important questions- Can you really afford the house and can you afford the loan repayments? In most cases the house is given to the partner who is also given custody of the children so that the children's lives are not affected as much. On the other hand do not become so shrewd as to use the kids as leverage to get the house.
Never use your kids to get something in the cunning fashion. Usually the house is sold afterward divorce since neither partner can afford the repayments month after month on their own. Join the other hand if one spouse can in fact afford to take on the entire loan then that partner should give the house. If you have been given custody of the house it is advisable to request your partner to vacate immediately. On the other hand if the court proceedings are still on then the partner who moves out first is generally looked upon as the one with higher moral standards. While one partner can request removal so can the other file in the court for their right to remain. In any case have a backup plan in case you are the one who loses the house.
Nothing is guaranteed in a divorce case so do not count your chickens before they are hatched. If one of the partners works from home or runs a small business from home they are more likely to be given custody of the premises since they would face the bigger inconvenience if they were to move out. Working from home simply means that the place is more valuable to you.
Remember if you leave the house first then it will probably the view at the end of the court case. Before you make any such hasty decisions have a good talk with your lawyer. On the other hand get good financial advice-you do not want property that you cannot afford to maintain or repay loans on. Can you afford to make repairs on the house as and when required? Can you take care of the repairs yourself if you cannot afford to hire help? In case you are the one who is given custody of the house do change the locks as soon as possible. You do not want your ex spouse to be entering without your consent. This is all the more important if you fear any kind of revenge. There have been cases where one partner has physically assaulted the other after a bitter divorce.
Finally we would like to advise-if you feel that the house rightfully belongs to the other spouse do not make yourself and your partner go through unnecessary trauma by fighting over the property. It is better to let go and to move on hand to have an unnecessary trial, you lose the trial and then move on.
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