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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118175
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I live in Arkansas and I have an ADULT mentally challenged

Customer Question

I live in Arkansas and I have an ADULT mentally challenged and severely Autistic. He is not my husband's son however. We joint own the home we live in. Medicaid waiver paid to have my son's bathroom fixed "Autism friendly". Anyway do you think if I filled for divorce My son and I could live in this house until we got someone to purchase it for a reasonable amount?
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under Arkansas law, marital property is divided by "fair and equitable distribution," meaning the courts look at all of the facts when determining how to divide the marital property. If the home is marital property, there is a good chance based on the circumstances that the court could award you possession of the home based on the needs of your son. The courts would look at your son's needs and the fact that medicare paid to augment the home for those needs and would most likely agree to leave you in possession of the home until you could either arrange to buy it or it was sold.