Kids & Home

[LostinMI]

What is the name of your state? MI
I am getting ready to file for divorce. It is mutually agreed upon between myself & husband. He has agreed that the kids should stay with me, but he wants to keep our home. I don't care to keep the house, but I don't want to uproot my kids from their home during a time that is already going to be very difficult for them. I wonder if I should just let a judge decide on the home, or if I should just give into his request for the house so that we don't have to argue over custody of the kids?????????

 

[LdiJ]

What is the name of your state? MI
I am getting ready to file for divorce. It is mutually agreed upon between myself & husband. He has agreed that the kids should stay with me, but he wants to keep our home. I don't care to keep the house, but I don't want to uproot my kids from their home during a time that is already going to be very difficult for them. I wonder if I should just let a judge decide on the home, or if I should just give into his request for the house so that we don't have to argue over custody of the kids?????????

Whoever keeps the house will have to refinance it into their own name, for enough to cover the remaining mortgage plus buy out the other spouse's share of the equity. Therefore, don't fight that issue unless you are sure that you would qualify for enough of a mortgage to do that.

 

[efcoco1]

Are you living apart from him?

 

[LostinMI]

We are still living together. And probably will until the divorce is final.

 

[stealth2]

It's not quite clear what you're asking. You want custody, you don't want to move the kids out of the home (ever? Until they're grown? Or just not until he divorce is final?), but you also don't want the house (at all? Or you just don't ultimately want ownership, but expect to receive your share of the equity?).

I can understand not wanting to move them from their home immediately, but I can tell you that there is a fair bit of stress involved in living under one roof (for any length of time) while undergoing a divorce. The kids are going to feel that. So you may want to seriously consider what really is better for them.

And you are certainly entitled to your share of the equity - I wouldn't give that up, if I were you.