Q: My daughter is getting a divorce, she as 2 kids 14 and 10, her husband moved out of the housemail they was buying.
My question is her business is in the house, she is a pet groomer making around 17,000 a year, can she be force to move out of the house or sale the house, her husband makes 59,000 a year
A: It depends on the case. It is a possibility, but this is dependent on multiple factors including negotiations between the parties and money/assets available to divide. Generally speaking, the younger the children and the lower the income of one of the parties relative to the other increases the chances that one person can remain in the house for a period of time. Contact an attorney for details.
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A: A lot more information is needed to even answer your question appropriately. Their incomes don't really have anything to do with the house. There are 3 possible conclusions regarding the house: a) she keeps it, b) he keeps it, c) it gets sold. If she is wanting to keep it there will need to be a mechanism in place for her to not only give him his share of the equity, which could, in theory be done through additional assets, but is also going to have to ultimately get him off the financing. Courts will generally give people 3 to 6 months to get the other side off of the financing and pay out any equity. Though each case is different, this is the norm. Having kids, presuming they will live primarily with her, might by her a little more time, but not much. She should consult with an attorney.
A:
The court is to make an equitable division of assets. This could include awarding the house to either party or ordering it sold. It depends on all the other facts, including the amount of equity in the house and the amount of the mortgage payments and what other assets exist.
Your daughter should retain an attorney to help her with this.
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