Divorce proceedings are complicated, and asset distribution varies from county to county, so it’s natural to have questions about the process. If you’re considering divorcing your spouse, and you want to discuss your situation with a divorce lawyer, turn to Payne Law Office in Lincoln, NE. The friendly team at this family law office will be more than happy to answer your questions regarding child custody and asset division, including the following:

A Leading Divorce Lawyer Answers Asset Distribution FAQs

What Will Happen to My House During the Proceedings?

If you own a home with your spouse, and you move out during the proceedings, it will not affect your community property interest in the house. Moving out will raise other issues, though. For example, who will pay the mortgage while you are living apart? What if the spouse who stays in the home does not make enough to cover the mortgage? Luckily, Payne Law Office offers mediation services, which you and your spouse can use to devise agreements on all of the logistical issues regarding the property.

Can I Sell the House During the Proceedings?

In general, the court does not allow one spouse to sell the home during the proceedings; however, if both spouses want to sell the home and devise a written agreement stating as much, the court will issue an order authorizing the sale.

What if I Want to Sell the House but My Spouse Does Not?

If there is no written agreement between the spouses regarding the sale of the home, it is still possible to sell it in certain scenarios. For example, if you foresee a contentious custody battle resulting in extensive legal fees that neither you nor your spouse can afford to pay, the court may order you to liquidate an asset, like your home.

Can I Buy Out My Spouse’s Interest in the Home?

You and your spouse can agree to a buyout during the proceedings. Although this scenario is less common than establishing an agreement to sell the property, the court will order a buyout if you both agree to one.

If you have additional questions about asset distribution during a divorce, turn to Payne Law Office in Lincoln, NE. Visit their website to learn more about the family law services they provide, and call (402) 477-7246 to schedule a free initial consultation with a divorce lawyer today.