How can house be kept as part of divorce?
Resume IA
Un couple en instance de divorce souhaite savoir comment gérer la propriété de leur maison familiale, actuellement en leur nom conjoint, pour que l'un d'eux puisse y rester avec d'autres membres de la famille.
Conseil cle
Réévaluer les priorités et les besoins financiers de chacun pour trouver un accord équitable sur la propriété de la maison et la répartition des actifs.
A married couple in my family are getting divorced. One of them (person A) needs to stay in the family home because two other family members live there and it would be very difficult to move them for health reasons. But this means that the divorce wouldn't be equal in financial terms. The other person (person B) is more or less happy with this, aside from the potential problems with the judge for an unequal divorce. Currently the house is in the joint names of A and B. Person A would like the house to be in their name solely when they divorce, if they are going to be the one living in it, maintaining it, etc. But person B does not want to put their half in person A's name. The mortgage is fully paid off. Ultimately, both person A and B want the house to go to their children when they pass away. One of the adult children currently lives in the house. Secondly, person B has two private pensions (one annuity and one defined benefit) in their name and an investment. Person A only has the state pension. Person A needs one of the private pensions to be able to stay in the house. I cannot give details of values, but person B would have significantly less financial value if person A had the house and one of the private pensions as the divorce agreement. Person A would need some cash to be able to stay in the house to pay running costs, but person B would also need some capital to potentially buy a house in the long run. My first question is, what are the options of what can be done with the ownership of the house so that it is no longer in the name of person B? My second question, is what are some of the options of what they could do to make the split more financially viable for both parties? Thank you for your help.
“Then they're not in a position to keep the house.”