What Happens to the Marital Home During the Divorce?

Splitting up is hard to do. The marital home has been your refuge and the place where you saw your family living for many years. Now you realize that isn’t going to happen. However, your spouse refuses to leave, and you believe you should remain as well. Discover what might happen when neither spouse wants to venture out of the nest.

Can Both Parties Reside Under the Same Roof?

Getting divorced means you and your spouse most likely don’t see eye to eye on many issues. Perhaps the thought of remaining in the same house together seems unrealistic and far-fetched. However, there is a good chance that unless you leave, your spouse may not. Thus, you reach an impasse not easily resolved until the divorce moves toward its final stage.

Can a Judge Force Someone Out?

Judges who preside over divorces don’t want to force one spouse out of the marital home. While there are exceptions, the general rule of thumb is that spouses are expected to reside together cordially. There are exceptions, and judges will take action if one spouse is a danger to the other. If there is a history of violence, the alternative route may be to get a restraining order against the violent spouse.

If there is no history of violence, and you want your spouse removed, there are alternatives. If your spouse is emotionally abusive towards you or your children, a court will likely act. Anything that is not within the best interests of children gets a judge’s attention. You will need to request a hearing and provide proof of the wrongdoing.

What Happens When Both Parties Want the House?

You and your spouse may have built your home, making it a true dream. It’s not a surprise, then, that you both want to remain there. When both spouses want to not only stay in the house during the divorce, but after it as well, the judge may have to make the ultimate decision. During the divorce, you and your spouse have to divide your assets and debts according to your state laws. The judge may order that the home is sold and the profits split or one spouse may have to buy out the other.

Speak to a lawyer, like a family lawyer in Fairfax, VA from May Law, LLP, about your situation. Remember that the family home can always be replaced. Your emotional health is more important during this difficult time.

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