Dear Attorneys,
My wife and I are going through a divorce, and we both want to keep the house. She hasn’t worked in years, and the amount of alimony that it looks like I will be paying her will not be sufficient to maintain the house. It’s paid off, but between the taxes, homeowner’s insurance, utilities and maintenance, she simply will not have enough money. However, I can afford it on my own, especially since I can do a lot of the maintenance myself. My lawyer said if we don’t reach an agreement, the Court may order it to be sold. How is this possible if we both want it?
Sincerely,
Howard House
Dear Howard,
Your lawyer is correct. While a sale of the house is not the only outcome, it is certainly a possibility. If you reach an agreement, then perhaps it will be something you both can live with. If not, it will be up to the judge and obviously the only two outcomes are either a sale or that one of you keeps it. You may have a slight advantage if your attorney can prove that you can financially afford it and she cannot. However, it may also be a disadvantage because if the judge sees that and chooses to award it to your wife for other reasons, a higher alimony amount may be awarded as well. Connecticut is an equitable distribution state, so neither of you will walk away from the marriage with all (or none of) the assets, but it also does not have to be an exactly even split. You may want to speak further with your attorney to see if he has any other ideas to make the concept of you keeping the house more appealing to your wife.
Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
