Custody and Propert

My husband and I are in the beginning process of deciding whether or not to have a divorce. We own a home together and have 2 kids. Is there any possibility that I will be able to have custody of the children and keep the home as well? Has anyone heard of this happening?

by hurtingjoy 11 Posts
Posted on 6/6/2009 3:25 PM

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Hawaii legal questions on divorce360.com

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Tags: children , property , custody
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Answers for "Custody and Propert" (3) (You must be logged in to answer)

yes, you can get the kids and the house - but you have to be able to show you can buy him out of his share and make the mortgage payments on your own. He will not be ordered to pay for a house he does not get to live in. Unless you can prove he is an unfit father he has the right to share custody with you 50/50 if that is what he wants.

by spaznskitz 7745 Posts
Posted on 6/8/2009 1:33 AM

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Thanks for the info. :)

by hurtingjoy 11 Posts
Posted on 6/7/2009 3:11 PM

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It depends on the laws in your state. Also, how long married, age of the children and individual income, as well as combined income.

Minor child support is mostly a statue thing...there are guidelines for child support that are defined and have to be followed by the Court. We are assuming it is the respondent/husband who will be paying.

As for the property...depends on marital contribution. But generally the Court will order it sold by a licensed real estate broker at fair market condition with the proceeds to be split equitably by the litigants. What is equitable is arguable and up to the Court to decide.

Good luck!

by cpaul1591 11 Posts
Posted on 6/7/2009 2:58 PM

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