My spouse and I earn equal income and can both afford the house payments without the others income. We are in the process of finalizing a settlement agreement. Last April, my spouse moved out of our house into an apartment. I remained in the home and paid the mortgage taxes and insurance. Because the fair market value of the house is low, there is a minimal amount of equity to split. I had always planned to buyout my husbands interest in the home, but now that he realizes he will not receive much equity, he wants to purchase the house. Who will get the first option to buy the house if both parties want it and can equally afford it? Also, we share 50/50 custody of a son that attends elementary school in my home district. My husband moved away from the school district into an apartment.