For many folks, their home is their biggest asset in the world. It’s a place that provides security and comfort. To leave your home during a divorce is terrifying—and understandably so. It can be a huge financial and emotional loss, especially if it’s not something you’re prepared to do.
Spouses must communicate clearly about property distribution. Suppose your absence was arranged through formal mediation and court orders. In that case, leaving before the terms are up could create legal problems for you, including forfeiting your interest in the marital property. Divorce can be difficult for families, and many aspects of marital law affect an individual. Therefore finding a good family law attorney is the only way your interest will be taken care of, as you will be guided accordingly. Read on to learn if you can legally stay in your house during a divorce.
Who stays in the House during a divorce?
Yes, you can legally stay in your house during a divorce. That is, both your names are in the house title. You can bar your spouse from entering the home with a restraining order if there has been domestic violence.
Who’s Name Is on the House Title?
In the event of a divorce, it is not uncommon for both parties to want to remain in their homes. However, this can become an issue if they are not on the title.
If you are married, you and your spouse will be considered joint owners of the house if the property was bought during the marriage. It means you own half of it and can sell or give it away as you wish. Only one owner listed on the title will be considered community property.
If the house was purchased before marriage, it’s considered separate property, giving you the upper hand to stay in the home. If the divorce is amicable, then the decision lies in you and your partner.
What Is the Advantage of Staying In the House During a Divorce?
There are many advantages to staying in the house during a divorce:
- Staying in the house during a divorce is a great way to save money and ensure your kids aren’t left without a place to live.
- It can help both parties avoid unnecessary conflict or confrontation, which can sometimes cause more harm than good.
- If there are children involved, it makes sense for them to stay with their parents during the divorce process, as opposed to being split up between two households where they might not feel as comfortable or safe.
Will I Have More Legal Rights If I Stay In the House During a Divorce?
If you stay in the home, you will have more legal rights. The family law judge will want to rule in the children’s best interest. Remaining in the home with the children during a divorce will give you the upper hand.
Here is why you will have the upper hand:
- The spouse will be charged with abandonment for leaving the marital home.
- You will have more legal rights if you pay all utility bills and full mortgage.
Is It Right to Move Out of the House Before Divorce?
Moving out before divorcing is a tricky situation. It’s one thing to want to move out of your house, but another to know if you should and how to do it legally. If you decide to move, an ex-spouse can stop paying the mortgage, and also your credit will be affected.
In many cases, it’s best to wait until after the divorce has been finalized before moving out of your home. If you wait until after the divorce has been finalized, you can be sure that all of the terms of your divorce agreement have been met and that there will be no legal repercussions if something goes wrong during the move.
Should You Sell Your Home After a Divorce?
Selling a house after a divorce can be a stressful process. You may be wondering if it’s worth it to sell your home. The answer is yes!
Selling your home will allow you to shed some of the stress that comes with being a homeowner and also allow you to move on with your life. But before you decide to sell, you should seek advice from a real estate agent. Before you sell, your home should be inspected to adhere to divorce property divorce.
Divorce is an emotionally taxing time. As with most things, preparation and knowledge can help you prepare to tackle something like a divorce. Learning about how the process works will help you decide what comes next in your life. If possible, avoid making decisions about the family residence when you are angry, stressed, or overwhelmed. Try to keep some perspective and be careful not to make hasty decisions that you may regret later.