The division of marital assets can be a high-stress event in your divorce. Answering the question of what to do with the home you and your spouse shared is likely to be a major focal point throughout the process.
While you may feel motivated to advocate for your own rights to the marital home, there are a couple of important factors to consider.
Consider child custody
If you and your former spouse have a family together, then child custody could be another point of contention in your divorce. The custody arrangements that result from your proceedings should factor into your decisions regarding the marital home. It may be in the child’s best interests for the custodial parent to reside within the familiar house, though the non-custodial parent has the right to pursue compensation for their share of homeownership.
Consider your quality of life
Receiving the right to remain in your marital home seems like a desirable goal, but it might not be conducive to maintaining your expected quality of life. Consider whether or not you have the assets and income to live in the home without financial assistance from your former spouse. Bear in mind that if you are the custodial parent, you could be eligible to receive support from the Colorado child support system.
In many divorces, both individuals each have their own intentions for the marital home. The matter could go to court in the absence of a mutual agreement, but choosing mediation over litigation can often be the better solution.