Full question:
My brother is looking into the possibility of getting a divorce. He and his wife have two children. The house is in his name. He wants to sell the house, but his wife wants to keep it. What recourse does my brother have?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Alabama
Answer:
In Alabama, property division during a divorce is based on equitable distribution. This means that property and debts are divided fairly, but not necessarily equally. The court has discretion in these matters, and its decisions are generally upheld unless there is clear evidence of abuse of discretion.
Property owned by one spouse before marriage, or acquired by gift or inheritance during the marriage, may be excluded from the marital estate, provided it hasn't been used for the couple's mutual benefit. If one spouse lacks sufficient separate property for their maintenance, the court may award spousal support from the other spouse's share of the marital estate.
When it comes to custody of the children, the court prioritizes their best interests. Factors considered include the parents' agreement on custody, their ability to cooperate, and any history of abuse. Joint custody is often favored if both parents request it, unless the court finds valid reasons against it.
For child support, both parents are obligated to support their minor children. If they cannot agree on the amount, the court will use statutory guidelines based on their incomes but may adjust this if necessary for the children's best interests.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.