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Colgan Law Firm LLC
Serving Wyandotte, Leavenworth, Johnson Counties in Kansas and Beyond

Relocate or keep the house after divorce

A divorcing parent who wishes to gain sole ownership of the family home in Kansas has several choices. Divorcing parents may decide to let the children grow up in their family home only to sell the house later and split the proceeds. Child custody, parenting plans and visitation options are not permanently decided.

One of the divorcing parents has to accept the fact that they have to move out of the family home. Since Kansas City is located in both Missouri and Kansas, simply moving to the other side of the city may mean modifying the existing child custody, parenting and time-sharing plans.

Relocation or modification of the existing child custody order requires the consent of both parents and the children's entire extended family. Petitions to relocate can be contested, opening not only a custody dispute. The contested petition is another opportunity to take possession or regain ownership of the family home.

The market value of the home minus its outstanding mortgage is the net equity in the home. Sole ownership of the family home may cost as little as half of the equity in cash, through a loan or in the form of another asset. Modification of the child custody order for any reason leverages an opportunity to purchase the family home from the children's other parent.

A family law attorney may help divorcing parents, children, their grandparents and others in their extended family with child custody arrangements, parenting plans and time-sharing plans. The attorney may also be able to mediate the division of the marital assets including the ownership of the family home during and after the divorce process.

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