How do you know which divorcing spouse has a better chance of being awarded the marital home in a divorce?
Is it just the spouse that has a higher income who theoretically could afford it easier than the lower-earning spouse?
We both want joint 50-50 custody of our child so how does that impact the decision?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.
I am uncertain if the amount of time each of you has the child is 50/50 and if both of you are still living in the marital home. Assuming you are both still in the house, and you share time with your child, the house would be awarded to the person who can afford the payment and is able to pay half of the equity to the opposing party, most likely.
Otherwise, many factors play into the award of the marital home.
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Did someone purchase it before the marriage? Does one party have the child more often? Are the parties employed?
Will the party awarded the house be able to refinance the marital home home into their own name within a reasonable amount of time? Is there a way to equalize the offset of the award of the home to one party and not the other? If neither party can afford the home, would a sale of the marital residence make more sense?
As you can see, many questions must be answered before a court and your divorce lawyer can best advise as to the likelihood of an award of the residence.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.