Q: Want to divorce.
Married for 10 years, no children, we own 2 houses together, we live in 1, 2nd is rented, If I want to keep one of the houses what should be the process please.
A:
I would need more information to answer your question fully. For example, If spouses own an income property, assuming the income property is jointly titled and was purchased during the marriage, the income property is subject to division on divorce. In this scenario, when an income property is not used as a principal place of residence of the spouses, the property cannot be transferred to one of the spouses. The court only has the authority to order the property sold, and the proceeds divided equally.
A good divorce attorney may be able to negotiate for you to keep one of your properties. Please feel free to contact my office for a case evaluation.
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