We all know how much is involved when you go through a divorce. It can undoubtedly seem overwhelming. You need to have alimony or spousal support determined, and if there are children from the marriage, you will also need to have child support and child custody determined. One common question that clients ask when entering into a divorce involves what will happen to the house.
There is no quick or easy answer. If there are children involved, the house will generally get awarded to the custodial parent. This is don't to help minimize the stress or changes in a child's life. It is important to remember the court's primary objective is preserving the best interests of the child. This often means minimizing any disruptions the children may experience. Since obviously the house itself cannot be literally split, it is not uncommon for the courts to award other property to the non-custodial spouse to make the value of the split equal.
If there are no children involved, selling the house and splitting the sale may be done. But what if both spouses want to remain in the home? There are no laws granting privileges to one spouse over another in this regard. In fact, it is illegal to block one spouse from staying at the home, by let's say changing the locks. If you cannot reach a mutually agreeable decision, the courts will ultimately decide.
During a divorce, it is important to protect and fight for your wishes and demands while in the courts. The other side will have a team working on their side, you owe it to yourself and your future to do the same.
Source: findlaw.com, "Divorce Property Division FAQ," Accessed June 12, 2017