who gets what

[wayne34]

Question from New York

I am in the mist of a divorce, and I have found out that "our" house is not in mine and my spouse's. The name on the deed is my spouse and a third party. When we go to trial how would the house be divided? We are also fighting for custody of our children, so would the spouse that gets custody of the children automatically get the marital home?

 

[Roscoe]

Try to resolve before court

Wayne: It will be in your best interest to try to solve eveyrthing before you go to court. It makes it easier on you, your spouse and the judge. It's hard, but sit down and hash it out. The third party would probably have to agree to anything that happened to the property. Unless there is abuse of ANY kind, try to keep things calm and routine for the kids. They'll thank you for it later.