Can I Stay In My Home While My Divorce Is In Progress?

Going through divorce serves as a massive point of tension and stress for everyone involved. Of course, questions of who has rights to live within the family home during the process will only make these stresses worse.

Depending on the unique circumstances of your situation, you may find the answer differs, or that it is not exactly straightforward.

Basics of home division

According to Forbes, you have several options when it comes to dividing a home during divorce. From a strictly legal perspective, if both you and your spouse have your names on the title, then you have equal rights to the house. Special consideration may occur in the event of domestic violence, in which case you can ban your spouse by court order from being near or in the house.

Commonly in situations with both names on the title, one spouse will likely offer a buyout of the remaining mortgage. In essence, they trade the financial burden of the home in order to stay in it.

Selling your home

You and your spouse may decide to sell the house and split the profits instead. Community property states allow for a 50/50 division of the assets while common law states go by equitable distribution with the consideration of many different factors. This allows you to skip the hassle of maintaining a house or deciding who lives there and simply buy or rent separate properties instead.

Of course, if you have children, this could change the situation. A judge may issue a temporary order for the children to stay in the home and for the most fit parent to remain with them.

In general, the situation can differ vastly so it is best to understand the details of your unique one before making any decisions.