Q: Can I keep our home if we have 2 minors or do I have to sell it if my husband insist on it? We are divorcing.
The house was bought while married. I can afford the payment but not to buy him out.
When you file for divorce and have 2 minors that where conceived on the matrimony, the non custodial parent has to provide child support and shelter for the minors.
The division of property doesn't expire until it's resolve among the parties. So the request for a secure home where the minors can have a shelter until the become adults will be provided for the minors and the parent with physical custody.
You can request to be the main secure home for the minors in the divorce.
The non custodial parent will have to provide child support and other require payments to insure the safety and wellbeing of the minors, including part of the payment of the mortgage in proportion of the percentage of his responsibility as a parent.
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