FL Divorce -Can wife keep house if she gets custody of minor

My coworker has been married 16 years, they have a 16 year old daughter and live in a 3 bedroom house.  She just filed for divorce from husband who doesn't communicate with the daughter at all, and always rude to mother.  They're all in same house.  Wife makes $1000 a month, husband makes $3000 a month.  Title and mortgage is in both names and they have negative equity in house.  Mortgage and insurance on house is only $700 a month.

1)  would the court enforce husband to keep making payment on the house until the minor reaches 18 years of age?  Or add an amount extra to child support?  She would like to keep the house, get a second job so as to maintain same standard of living for the daughter and keep her in the same school.

2)  Can husband force the sale of the house before the child turns 18?

1 - No, No

2- Yes

There is no guarantee what a judge will do, but in FL typically, they do not want to disrupt the children's lives, so it is very feasible Mom/child remain in home until the child graduates from high school. She would be responsible for payments/taxes, etc... When the home is sold, any equity would be divided and / or any deficit would need to be shared. 

If she cannot afford the home, she needs to seriously consider renting an apartment in her child's school area and letting the house go.  He won't be responsible for paying on the home if she is given exclusive use.  FL has also changed their stance on custody/visitation and is definitely leaning toward a 50/50 time sharing. If that is the case, he may not have to pay her too much child support.

She has to be able to afford the home on her own.

Dad doesnt make alot either..neither have high incomes so Mom should attempt to find a better job or work full time and the second job is a good idea. She likely will be awarded some spousal but not much seeing that Dad's income is only 36k a year. Mom can try to negotiate that Dad make the house payment for 2 years but with child support and spousal that is going to total near half of dad's income. Mom may or may not get that. If moms house payment is $700 then that is pretty good for a 3 bedroom house. A 2 bedroom apartment would probably cost that or more...but I have no idea what rents go for in her part of FL.

thanks everyone, I appreciate the advice.  She really wants to stay in the house because a comparable 3 bedroom in the same area would rent for around $1100 a month instead of the $700 she currently has on mortgage.

If I were Dad I'd be very worried abut Mom living in the home and not paying the note , insurance etc and in effect sticking me with same--I'd want order worded so as to be sure said bills gets paid out of any support I give to child and EX.

1. no. no

2. yes.

She should apply to the court for alimony.

Can she ask the husband to execute a quit claim deed for the house, so that she can remain in it with full responsibilities.  She's trying to find a way to stay in the house as they only pay $700 a month on it.

She can ask for a deed but hubby would be nuts to give her a deed unless and until she got him off the note --and thats unlikley given her very modest income --but she can ask. .

I don't think it is at all likely they will force the husband to keep making payments on a house he does not live in.

Certainly that was not at all my experience.

More than likely, they tally up the assets/debts, and divide them up.  If the wife wants to keep the house, she will need to refinance the house in her name.  

If I were thue husband, I would be making sure the house was either sold or the ex wife refianced it before I'd do anything else.

If ex wife can't afford the house or cannot refiance, it likely gets sold.

quit claim deed??? The house belongs to the two of them. he will not be in his senses if he does that without getting him out of the note. Unless there is another way of doing the second, the only one I recall is selling or refinancing the house.

In other words, she needs to be able to keep the house.

If the court gave her exclusive use of the home, that does not mean exclusive ownership and does not mean he has to quit claim it.

The only way that happens is if he agrees that her getting the house means he gets his fair share of the equitable distribution through other things they may have.

If they don't own anything worth his share of the home, she could ask the courts to be able to remain in the home until the child graduates high school but he remains part owner.  Even though he remains owner, she is responsible for all payments, taxes, insurance, and upkeep.  If I were him, I would never agree to this unless she is court ordered to refinance and get his name off the mortgage.  

If the mortgage is only 700, I would imagine he may fight her for it.

He has zero reasons to quit claim the property to her and that only means he would be giving up ownership, she can't get his name off the mortgage without refinancing.  Would you give up your ownership but remain financially responsible for a property you no longer own??

Most men would never give up ownership and keep name on the mortgage. My guess is her best bet is too convince him to refinance and get his name off the home/mortgage. This might be aggreeable to him if more is owed on the home than it is worth and if she could prove that to him and the court.

Of course Florida is one of the worst states right now for selling a home and my guess is you will be selling at a loss- this is sad for the child too.Both parents credit might be ruined as result of a short sale- so it might make sense to move now before credit report takes a big hit to be sure you can even get a rental!

If she has the money to buy out his half ( I only know men that have done that) that would be the best way and should be done by her lawyer to prevent any problems.It does not sound like she has that type of income or savings?

mickeyDneedsadvice:

If she has the money to buy out his half ( I only know men that have done that)

It happens with both genders; a couple's assets (savings, pension, retirement 401(k), etc) are considered marital property if earned and contributed to during the marriage. 

So the way it usually works is that if one wants the home and the other's half of the equity is, say, $50,000, the one getting the home will "trade" their interest in another asset (essentially giving up their claim to $50,000 of other assets)

In a 16 year marriage, there is a big possiblity of those other assets to be negotiated.

She, the petitioner, has mediation in 2 days (Florida).  Husband has agreed in his reply to child support for 16 yr old daughter, health benefits, and giving custody to wife.  Does not want to give alimony, completly ignores their daughter.  Wife makes $1,000 a month, husband around $40,000 a year.  Wife probably would not fight for alimony if husband would sign quit claim deed on house and move out right away.  Anyway, What is the best strategy for the court ordered mediation?  Her main concern is really making sure the child continues to live as best as possible.  The focus of this post is:  what is best way of acting, behaving, and working with mediator to get best decision possible?