Downsizing a Family Home After Divorce

Posted by Steven D. Eversole | Feb 24, 2014 | 0 Comments

Life after divorce always involves personal, emotional, and financial transitions. In addition to the new legal arrangement of being single again, you must also transition all aspects of your family life. Whether you are preparing for divorce or you have already entered the divorce process, you may have already begun to consider a new reality—downsizing after a divorce.

It is not surprising that many couples will be forced to downsize after a divorce. A once affordable family home may no longer be an option for couples who now have to support two households, especially if children are involved. Our Birmingham divorce attorneys understand the varied situations faced by our clients are dedicated to helping them protect their rights and make a smooth transition after divorce.

Preparing for a move either before or after a divorce can feel both terrifying and liberating. You may be excited to get a fresh start, but wonder how you will feel living on your own again. In addition to finding a new housing arrangement, it is likely that you and your former spouse will also have to agree on who will take what furniture, household appliances, and other items after the divorce. You should also be aware of how a divorce settlement could impact your future rights. Here are some tips to help you better transition if downsizing after divorce:

Don't leave the family home without consulting with an attorney. Remember that certain decisions could impact your divorce case. You shouldn't move out of the family home and leave your children without understanding how that may impact your custody case.

Protect your rights to marital property. Alabama is an equitable division state, meaning that the court will divide your property in an “equitable fashion.” This means that your property will be valued and identified the property or debt that is considered marital. The court will then divide property and debts between the two parties. Remember that equitable does not mean “equal” necessarily, so you should consult with an advocate who can help to protect your investments and interests.

Understand that cutting back may be necessary. For most couples, downsizing a family home and reevaluating monthly expenses is a requisite part of divorce. Once divorced, it is likely that your spending habits will change and your family home may be an apartment or other temporary living situation. While downsizing may be stressful, you can do your best to understand your rights and obligations during the divorce process. Protecting your rights and investments will also ensure the best possible transition after divorce.

Focus on priorities. While your living situation may seem to be wreaking havoc on your life, remember that the transition is temporary. Instead of focusing on negative aspects of divorce, remember that you can still do your best to protect yourself and your children before, during, and after a divorce is finalized. Working with an experienced advocate can help you identify your priorities, including your long-term security and custody of your children. Divorce will be a transition, but protecting yourself first can help you best transition and give yourself a fresh start.

Contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292

About the Author

Steven D. Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama


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