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It can go either way, depending on what makes sense for you. Many people are in love with the house. However, getting the house may not be that great if you cannot afford the mortgage, upkeep, taxes, etc. with your personal income. Depending on an ex to pay the mortgage is tough and even if s/he agrees to do so, life happens and that is a large expense to carry forward. Additionally, if neither of you can refinance it into your own name, you are both tied to that mortgage--and to the resulting credit score--possibly for the duration of the loan. I've heard of people agreeing that whoever has the kids has the home and when they are grown, the house will be sold.

My belief is that the best terms are those that separate your financial liabilities from the other person. It allows you both to move forward in your new life.

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12y ago
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10y ago

There is no single answer. The judge will divide the marital property if the parties cannot do it for themselves.

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Q: Who gets the house in a Florida divorce?
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