Who Gets to Stay in the House During a Divorce

Deciding who gets to stay in the house during a divorce

Figuring out who gets to stay in the house during a divorce can be one of the most difficult parts of a separation. While there are no easy answers and every situation is different.

Both spouses can stay in the house unless there is a court order issued. The title of the house is irrelevant. Although aggressive or hostile behavior of either spouse trying to eject another spouse can give to the court possibility to investigate  and to issue a court order for the  other spouse to move out.

If оnе party was the ѕоlе property owner prior to mаrrіаgе, then that person has the rіght to stay in the hоme. However, the other party may be еntіtlеd tо equity from the residence durіng the tіmе реrіоd оf marriage tо рrеѕеnt. But they would need to prove that they assisted in mоrtgаgе payments, refinancing, оr performed maintenance оn the residence.

Navigating Legal Advice and Mediation

To ensure that decisions about who gets to stay in the house are made fairly and legally, it’s important to seek advice from a divorce attorney or a legal expert who understands family law in your jurisdiction. A lawyer can help protect your rights and guide you through the legal process, which often involves negotiations and potentially court proceedings.

Some couples might benefit from mediation, where a neutral third party facilitates a discussion to help the couple reach an agreement regarding the distribution of assets, including the house. Mediation can be a less adversarial process than going to court and may result in a more amicable settlement.

Temporary Arrangements and Financial Considerations

Courts may issue temporary orders regarding who stays in the house during the divorce proceedings. These orders can take into account numerous factors, such as the wellbeing of children, the financial standing of each spouse, or evidence of domestic abuse. These arrangements are typically meant to last until the divorce is finalized and a more permanent solution is determined.

It’s important to also consider the financial implications of staying in the house. For instance, the mortgage, taxes, insurance, and maintenance expenses will continue and must be addressed. Understanding each spouse’s ability to afford these expenses on their own can significantly impact who gets to remain in the home.

Children’s Wellbeing

If there are children involved, their stability and wellbeing are often prioritized. Courts generally prefer to minimize disruptions to the children’s lives, which can mean allowing the primary caregiver to remain in the family home to provide continuity and support for the children during the transition.

Final Decision

Ultimately, who gets to stay in the house will depend on a variety of factors, including the couple’s unique circumstances, local laws, and the discretion of the court. The final decision may include one spouse buying out the other’s interest in the property, selling the house and dividing the proceeds, or other arrangements that both parties can agree upon. Working closely with legal counsel throughout the process can ensure that your rights are upheld and that the outcome is as fair as possible under the circumstances.


Know your situation

At the end of the day, it’s rarely easy to decide who gets to stay in the house during a divorce. The best way to prepare is to know уоur ѕіtuаtіоn, know the details оn whо оwnѕ thе property, аnd ask yourself what do you want in the end? If you absolutely have to move out prior to court order, it’s important to let уоur attorney knоw thаt іt’ѕ іmроѕѕіblе tо lіvе with your spouse аnd thаt you need to move out until thе dіvоrсе іѕ final. If you dо thіѕ legally, thе соurt will force your soon-to-be ex tо рау thе mortgage and utilities on their own until everything is finalized.

Who Gets to Stay in the House During a Divorce