Who Should Move Out of the Family Residence During the Divorce?

A divorcing couple frequently owns a home together before deciding to separate and divorce. Once the marriage is irretrievably broken and the spouses are on the path to dissolving their marriage, it can become uncomfortable to continue living in the same home. The divorce process can take months, and one of the spouses may wish to find alternative living arrangements during this time.

It is important to carefully consider who should move out of the family residence during the divorce. An experienced Las Vegas divorce lawyer at Pintar Albiston, LLP can provide you with advice on protecting your rights to your home. Our attorneys can also advise you on the impact of deciding to stay in the home or of making the choice to move out. Before you leave your home or ask your spouse to go, you should speak with a legal professional so call today.

What Happens to the Family Residence During the Divorce

If a husband and wife have purchased a home together, both have a legal right to the family residence. This means that neither spouse can ask the other to leave. There are very limited exceptions to this in cases of abuse or domestic violence, but generally the choice for one spouse to move out while a divorce is pending is a voluntary choice.

In most cases, the divorcing couple will make the decision on their own about who should move out pending the dissolution of the marriage. This decision does not necessarily have to be final. The spouse who moves out of the home does not lose his or her claim to the home or any of the property value. There is no guarantee that the spouse who stays in the home during the divorce process will ultimately be the person who gets to keep the home in the divorce settlement. In some cases, neither spouse will get to keep the home and it will be sold and the proceeds distributed.

If the couple cannot agree on who should move out, then both may remain in the home during the process of dissolving the marriage. This can be an uncomfortable situation, but the couple will need to cope until a divorce settlement agreement is created. In limited cases, a couple will seek a legal separation to resolve certain issues prior to the final divorce settlement, such as when one spouse needs financial support during this period of time. However, the courts usually will not step in and require either party to leave a home unless there are extenuating circumstances.

Who Should Move Out of the Family Residence During the Divorce?

If you and your spouse are working together to decide who should move out of the family residence, you should consider a number of factors. For example:

  • If you want the kids to stay in the home, the parent who provides care should remain with the children.
  • The parent who remains in the home may have the reasonable value of remaining in the home during the divorce process considered as part of the divorce settlement.

These are just a few of the myriad things to consider when deciding what happens to the family residence during the divorce. Contact Pintar Albiston, LLP to learn more and to get help protecting your interest in your home.