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Who will end up with the family home in divorce?

Once you decide to move forward with divorce, you'll immediately turn your attention to the impact it will have on your life. For example, you may have a variety of questions related to property division.

Like many, the first thing you will think about is who will get the family home. This is every bit as important as it sounds, as you want to have a clear idea of where you will live in the near future.

There is no cut and dry answer to this question, but there are some things that come into play.

For example, if you have physical custody of your children, the court may allow you to keep the marital home. However, if there are no children and one person purchased the home before tying the knot, that person is able to legally stay in the home.

In the event that the home was purchased together and there are no children, the court will consider a variety of factors. For instance, both individuals may agree to sell the home and split any proceeds. Or maybe one person asks the other one to buy him or her out of his or her share.

Since there is so much grey area in regards to who gets the family home in divorce, you need to start thinking about this right away. If you don't, you could run into some challenges along the way.

You have legal rights and you need to protect them. You may not get everything you want in regards to property division, but you should at least put yourself in position to succeed.

Source: FindLaw, "Divorce Property Division FAQ," accessed Dec. 15, 2017

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