Kevin Qualls Family Law
Maintaining Professionalism. Preserving Civility. Finding Answers. Practical Guidance On Important Divorce And Custody Matters

Why should I fight to keep the marital home?

For both high-earning or independently wealthy couples, as well as those Orange County residents of more modest means, one of their most valuable assets is likely going to be their marital residence. Particularly in a state like California, couples frequently have a lot of net worth locked into their house. Moreover, there is also an emotional component, since the home is frequently associated with lots of memories, both good and bad.

Finally, for couples with children, one or even both parents may see importance in keeping the children in the home they are used to in the event of a divorce or separation. These reasons are why who will keep the house is frequently a hot-button family law issue that can lead to a lot of contention. In fact, one might be tempted to think that he or she should fight for the house at any cost, even if that means giving up other valuable legal rights and interests.

This well may be the right approach in a given case, but whether fighting for the house is a good strategy depends heavily on an individual's facts and circumstances. As such, it should be discussed with one's attorney.

In some cases, a person is better offer walking away from the house, even if that means the other party gets to hang on to it outright. For one, even if the mortgage payment is reasonable, houses cost hundreds if not thousands of dollars each year to maintain, not to mention the cost of insurance and property taxes.

A person needs to calculate carefully whether he or she can afford the house he or she is fighting so hard to keep. If the answer is an honest, "no," then what could happen is that a person gives up a lot to keep the home in the short term only to have to move in a hurry a few years down the road.

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Kevin Qualls Family Law
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Orange, CA 92868
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