Q: Is it possible to keep the house in a Georgia divorce if my spouse wants to sell?
I’ve been married 20 yrs. Both worked full time with 2 kids. He makes approx $60k more per yr than I do. He has a car through his employer so has no payment, insurance, gas or maintenance. He also has a free mobile & home internet. He travels 100+ days a yr to luxury destinations on co cc. I stay home & support the kids. He has a little more in retirement accs than I do. He’s cheated multiple times, and I’m done. All I want is the house so my kids can stay in school district. If we sell, we’ll both be priced out of the mkt. Our home value went from $500k to $700k last yr. We owe approx $360k. I don’t care about the money, I only want what’s right for the kids. He wants his cake & to eat it too with little regard to the disruption of their lives. Do I stand a chance of a judge awarding me the house if he refuses? I understand the equity issue but I have nothing to give him. He’ll walk away with less bills, several $100k in his pocket and no conscience. How is this equitable division?
A: I'm so sorry to hear that. It sounds like you have done all you can to maintain stability for your children and that is being threatened. It is likely that you can make an argument to keep the HOUSE but it is highly unlikely that the Court will let you keep all the equity. You should consult with an attorney to explore all avenues to ensure you get the best result for your children.
A: The short answer - it's possible. As the other attorney noted, you may not get to keep all of the equity. If there are other assets that can offset the equity, that might help. You should contact and attorney immediately to have a consultation so you can discuss your options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
