Custody of homes becoming main debate in divorce cases

Breaking up is hard to do and it can be even harder in a bad economy.

Lawyers say divorce rates are dropping because people simply can't afford to part ways right now.

Contact 13's Tricia Kean explains a new twist in a classic custody battle.

It was love at first sight when Marybeth Perrault found her dream home.

"I thought I would retire here and knew that this was a house that we could raise the family in," said Marybeth.

That was three years ago and now Marybeth and her husband have split and her dream home has become a nightmare.

"Now I can't stand it. The house is heavily mortgaged," said Marybeth.

Spouses used to fight to keep the house, often their biggest asset.

Now, lawyers say it can be the hot potato that nobody wants.

Attorney Gary Nickelson is President of the American Academy of Matrimonial Lawyers.

He says it's the newest divorce dilemma.

"Everybody wants the asset that's worth something. Nobody wants the asset that's not worth anything or has debt attached to it," said Gary.

Neither Marybeth nor her husband could afford the house on their own, so she's living there.

They put it on the market, but so far there are no takers.

Divorce attorney Vikkie Ziegler says the current climate is forcing many couples to get creative.

"I'll allow one party to remain in the home, not pull the equity out, try to come up with a financial package, and then perhaps when a child turns 18 or graduates high school, they'll sell it because the market perhaps would be better," said Vikkie.

Nickelson says he's even hearing stories of couples staying together after they're divorced.

"'Well, we can't get rid of the house, so I tell you what. We'll just live in the house until times are better. You can take the upstairs and I'll take the downstairs," explained Gary.

Here is the Contact 13 bottom line if you are thinking about a divorce and fear your house will be a big issue, experts say it's more important than ever to plan things out.

Talk to a mortgage broker, a financial advisor and a realtor.

Before selling take into account whether you or your ex can afford the mortgage on your own and find out if you would qualify to refinance and reduce the monthly payments.

From Action News Las Vegas.