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    michellepledger's Avatar
    michellepledger Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 8, 2010, 05:52 AM
    What entitles me to keep the home after divorce
    I am seeking a divorce. I am a stay at home mom with 4 children all under 14. I use my home for a childcare business for the past 6 years. Losing it could result in the loss of income from my business. What do I need to do to keep it.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Jun 8, 2010, 06:34 AM

    Because I have no idea where you are , and I do not know many conditions in your case, I can answer you generally.

    The non-marital property IS NOT DIVIDED.Separate property shall remain such.

    The marital property shall be divided in an equitable fashion.
    Marital property shall be distributed equitably between the parties, considering the circumstances of the case and of the respective parties.

    The court may consider some factors when distributing property upon divorce.
    1.The income and property of each party at the time of marriage
    2. The duration of the marriage
    3.The need of a custodial parent to occupy or own the marital residence and to use or own its household effects
    4.Any award of maintenance
    5. Any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and services as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;
    6.The loss of inheritance and pension rights upon dissolution of the marriage as of the date of dissolution;
    7.The tax consequences to each party;
    8. Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration;

    And so on...

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