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How to keep the family home after divorce

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by Jaye Taylor
Shareholder and Attorney at Buckley Law P.C.

If you are thinking about filing for a divorce, one significant concern that you may have is whether you will be able to keep the family home. The family home, as well as being a very valuable asset, will likely also carry a great deal of sentimental value in addition. It may be the place that you saw your children grow up in, and selling the family home in the event of a divorce can be a very difficult thing to do.

This is why it is important that you take the likely implications of a divorce into consideration before filing for a divorce. By doing so, you will be able to make an empowered choice that will benefit you and your children, rather than stepping into the unknown.

Ask yourself: Under what circumstances will I be able to keep the family home?

Can I afford the mortgage, taxes and insurance without my spouse's income? Can I qualify to refinance without his/her income? Can I maintain the property on my own? A year from now, am I going to be sorry I made this decision?

Whether you will be able to keep the family home will depend on your specific financial circumstances and the wishes of your divorcing spouse. If you both have the means and the will to keep the home, you may become involved in a dispute that requires a judge or mediator to resolve. It is likely that in this situation, the parent who is awarded primary custody of minor children will also be allowed to keep the family home. 

If you want to ensure that you will be able to keep the family home before going through a divorce in Oregon, an experienced attorney can help.

Jaye Wickham Taylor is an attorney and Shareholder at Buckley Law P.C. and focuses her practice on family law litigation. Jaye Taylor has successfully litigated some of the most challenging and emotionally charged family law cases in the state, involving custody of children to fathers, severe parental alienation and abduction, allegations of domestic violence and international move-away cases.

Specialties: Custody, Support, division of assets and debts, modifications, elder abuse, will contests, adoptions, domestic violence, domestic partnerships, prenups.

The information contained in this article is for informational purposes only and does not constitute legal advice. You should not act upon any information contained in this article without consulting an attorney for individual advice regarding your own situation. 

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