Who Keeps the House in a Divorce?

This question is one that burns in the minds of many who are considering getting a divorce. Who gets to keep the house? It also happens to be one of the most contested parts of any divorce. The house was a huge purchase, and was likely a joint purchase. Therefore, both parties tend to feel that the house is theirs and they want to claim ownership of it. The fight for the house can be one of the most trying and draining fights in the entire divorce. The only thing that is more contentious would be battling over the custody of children.

The Complexities of the Home in Divorce

If you want to make the battle a bit easier, then you need to take a step back and try to remove as much emotion from it as possible. You also need to get in touch with a Fresno divorce attorney who can represent you in the case. One of the things to keep in mind is that in most cases, neither of the spouses can make the other leave the home while still in the process of the divorce. However, since it can provide an unhappy and tense environment, one of the individuals will likely want to move out.

That does not necessarily mean that the person who moves out temporarily will lose the house though. However, you should note that some family court judges feel that the spouse who stays in the house has a greater interest in the property. This is something you will want to think about and discuss with your attorney before you make the decision to leave.

Even if only one spouse’s name is on the title, many states view the home as being communal property. Because of this, it can cause even more confusion during the divorce settlement. Here’s an example that happens more often than you might think. If the property is in your name, for example, and you decide to sell the property, the judge will freeze the sale process until after the divorce.

You might even find that the person who stays in the home during the divorce could affect the outcome of child support and spousal support. The person who moves out might need to continue paying the mortgage until after the divorce agreement. When you are getting a divorce, make sure that you have all documents that relate to the home, including insurance papers, deed, and utility statements. You also need to take an inventory of all of your possessions – write it down and take photos of your items. Talk about what you will do with the pets, as well.

Always be careful and respectful of your spouse’s belongings. Anything that you do could come back to bite you during the divorce proceedings, and it could cause you to lose the house. You always want to work with a specialist family law attorney Fresno CA who has experience in this area of family law so you can get the best and most up to date advice on what you need to do and how you need to proceed.