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Divorcing, husband gets house ?

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Charles8989

Guest
I have a friend who's involved in a situation and have some basic questions concerning this. She sought a divorce after discovering that her husband had been cheating on her for approximately two years. Here's the details.


She has two children - 9, 12 and is presently living in a house she's been in for 15 years.
She has a low income and is presently dependent on weekly payments her husband worked out for her.

The biggest issue is the house. In order for her to stay there, she has two options - keep her husband on the mortgage so he'll remain responsible for the payments or buy him out which would be extremely difficult because of her low income. I'm trying to gather information for her concerning this and would like to know if losing her house is a possibility - I would find this hard to believe considering the fact that she has two small children to take care of. I think the court should rule in favor of the best interests of the children - and that would be to keep the husband on the mortgage until they reach the age of 18. At that point, it would then be reasonable to sell the house and give him his half. Are my assumptions accurate ? What courses of action are the best for her ? Please advise.
 


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dorenephilpot

Guest
You didn't mention a state name, which could be an important factor here.

Can she afford the house with child support payments that he would be making?

It's also possible the court could order maintenance/alimony for a period of time. However, usually that's not a long-term deal, at least not in Indiana, where there's a three-year max.

Generally, courts don't order the husband to pay the mortgage or rent where the wife is living after the divorce is final, except under extraordinary circumstances.

If she cannot afford it with support money or maintenance, they can either sell the house and she can get something more affordable or she can let him have the house, get her part of the equity and find another place.
 

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