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When couples split, the home is a hot potato

In this period of a declining housing market and negative equity, there's a different kind of divorce battle for custody of the house -- neither spouse wants it.

mhatcher@MiamiHerald.com

During the real-estate boom, couples who divorced would fight over who got the house, betting that the winner could get rich from rapidly escalating prices. Spouses plunked down thousands to buy out their partner. Disposing of the ''marital asset'' was easy, since homes were selling in a day or two for inflated prices.

Now, in a twist on the classic divorce dispute, houses have become hot potatoes for couples divorcing during the downturn.

'It's like, `You take the house!' 'No, You take the house.' 'I don't want it, you take it,' '' said Drew Sheridan, a veteran divorce lawyer in Kendall.

Falling property values have turned many homeowners upside down on their mortgages, meaning they owe more than their homes are worth. Negative home equity has made it much harder for divorcing couples to disentangle their finances.

In some cases, they are abandoning their property to foreclosure because neither can afford the loan payments and they can't sell the house for what they paid for it.

Or they are still living together as platonic ''roommates,'' confusing distraught children and keeping everyone from healing and moving on.

''It has become an epidemic. We have a really, really serious problem,'' said Elinor Robin, a family and divorce mediator in Boca Raton.

Nearly a dozen South Florida family lawyers said they had one or more cases in which clients were wrangling over homes that have become a financial millstone.

''Instead of an asset where they used to fight for occupancy, possession and ownership, they're now fighting to abandon their personal interest,'' said William Koreman, a divorce lawyer in Hollywood. ``Neither of them wants the property because they would be accepting a huge liability.''

In extreme cases, a homeowner has used the mortgage as a weapon of spite, deliberately sabotaging his or her own credit to destroy the credit of the former partner, said Adam Franzen, a Fort Lauderdale family lawyer.

Even when couples try to play nice, their disintegrating financial condition turns an amicable split into a war of the roses.

After her divorce in May, Jean Kouch took sole responsibility for paying the note on an investment property that she and her former husband had bought several years ago in Pembroke Pines. Kouch moved into the house with their 10-year-old son.

Even when she was working, she struggled to cover the $3,500 monthly payment. After she was laid off by Miami-Dade County in August, it was impossible to keep up. The house went into foreclosure last month -- and her ex's name is still on the loan.

The relationship went radioactive.

''He's angry now, and I know this is a part of it,'' Kouch said. It's hard to feel guilty, she said, especially since she advised him not to buy a second home in the first place.

For couples going through a toxic split-up, a dent in the credit score is sometimes the least of their concerns.

''When people want to get a divorce, they really want to get a divorce. They don't really care about the money,'' said Scott Ferris, a Pinecrest divorce lawyer.

A Broward County Circuit Court general magistrate approved a joint ownership arrangement in which the husband remained a co-signer on the mortgage while his ex-wife and their 4-year-old daughter lived in the house.

The plan was to sell the home when the market recovered.

But because he was paying half the mortgage, the husband felt that he could drop in whenever he wanted -- without knocking -- to raid the fridge, do his laundry and watch TV.

Miami Herald videographer Lilly Echeverria contributed to this report.

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