People take legal matters into their own hands every day, and sometimes they lose money and property in the process. You can make a legally binding contract without using an attorney, but you are risking missing some big legal loopholes and laws you may not be familiar with that can not only make your contract invalid but can actually cost you in the end. When you are selling or purchasing real estate, tackling the creation of a will or even just loaning money to a friend, a consultation with an attorney can be a positive step. I'll show you when and why you need an attorney.
In a divorce, it is difficult sometimes to decide who gets what. In some states, everything owned by a couple is immediately and automatically sold and the profits split to avoid the argument of who gets what. The only exception to this law in those states is when one person acquiesces to give the other something of value, such as the house in which they resided when they were married. In other states, this is still a possibility, although bitter and battling couples may argue to get what they want. If you live in a state where mandatory property splits are not the norm, and you are fighting your soon-to-be-ex over certain property items, here is how you and your divorce law attorney can deal with these sticky situations.
Agree That the Person with Primary Placement of the Kids Gets the House
This may cause a few extra headaches, but the person who gets primary placement of the kids should also get the house. This provides a more stable and consistent environment for the children, who are also experiencing a very rough emotional time in their lives. By being able to stay in the family home they have grown up in with at least one parent, the kids will be able to adapt to this new situation a lot quicker and easier than if you and your partner sell the house and live in entirely different locations. If you can agree to make this easier on your children, then you can agree to this arrangement.
Agree the Person Who Doesn't Get the Primary Home Gets the Vacation Home
If you bought a second house, cabin, or vacation house together, then the person that does not get the family home should get the vacation house. This is fair because it gives each parent an abode, and both homes are familiar places to the children. It should also be noted that attempting to manage the taxes and insurance on two homes after a divorce is illogical and unreasonable on a single person's income, especially if you are the one that has primary placement of the kids. The majority of your income in this case will go to supporting the children and keeping the family home, which will leave you with nothing to care for a second home, even if you were awarded both houses in the divorce.
Agree to Split Boats and Cars Equally
In the event that you have more than one car, split the cars equally. If you have two cars and a backup vehicle, either argue that the backup vehicle goes with the kids, or agree to sell the backup and split the profits. If you bought a boat, either agree to give the boat to the person that will use it the most, or sell it and split the profits.
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