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Who Gets to Stay in The House After a Divorce?

Typically, when children are involved in a divorce, the parent who spends the most time with the kids or the one who provides their primary care will be the one who stays in the marital home with them. You may have a vested interest in what happens in the division of property, including the marital home. If you do not have children, however, and the house is the separate property of just one spouse, that spouse is within his or her legal right to request that you simply leave. If you own the house together and you don’t have children, this question gets much more complicated to deal with. Neither one of you will have a legal right to kick the other spouse out.

However, if you request that the other person leaves and they do not comply with it, you will need to deal with this issue in the division of property in the divorce. A temporary order relating to this issue can be requested as soon as possible after you file for divorce. If your spouse somehow prevents you from being able to access the house, such as changing the locks, you may be eligible to call the police if you do not have children in your own house together. When you both own the home and if the other spouse has committed domestic violence and a restraining order is issued by the judge, then you can legally request that they leave the property as soon as possible. In all of these situations, careful consideration of the financial implications of receiving the home should be evaluated with the help of an experienced family attorney.

A family lawyer may be able to tell you more about what you can anticipate and how to avoid many of the most common pitfalls associated with managing an issue like this. The support of a knowledgeable family attorney can go a long way towards preparing you for what to anticipate in a divorce regarding community property and separate property. The award of property in the marriage is extremely important for what happens to your future and the tax obligations associated with having an illiquid asset, such as a home, can have far-reaching influences on your future. It is important to schedule a consultation with a lawyer to be better prepared.