Many potential clients wonder if it is a good idea to continue living with their spouse in the marital home while going through a divorce. First, many potential clients mistakenly believe that their spouse has the right to evict them from the marital home. A spouse is not allowed to evict their spouse from the marital home while the divorce is pending absent an order from the court granting possession of the marital home to one spouse while the case is pending regardless of whose name the marital residence is titled in or who pays the mortgage or bills associated with the residence. This leads to the second most common misconception of potential clients. Specifically, many potential clients mistakenly believe that because the marital residence is titled in only on spouse’s name, that he/she will automatically be granted the home in the finalization of the
divorce. If the home was purchased during the marriage, it is considered marital property, regardless of whose name the property is titled in or which spouse is financing the mortgage and/or paying the household bills. Upon knowing that both parties have a right to reside in the marital home during the pendency of a divorce absent a court order stating otherwise, whether to move out of one’s marital home during a divorce is truly a case-by-case decision that should be made with the assistance of an experienced family law attorney.

WHAT IF MY SPOUSE IS ABUSIVE AND I WANT HIM/HER TO LEAVE THE MARITAL HOME?

In these situations, parties to a divorce can file motions and ask for hearings to be granted at which the court will consider evidence presented by both parties and decide whether a spouse should be required to move from the marital residence during the pendency of the divorce case. Additionally, if the parties have children, the court will consider what is in their best interests. It should also be noted that a court can order that a party move from the marital residence and still be responsible for contributing to the household expenses during the pendency of the divorce, in addition to any temporary child support and/or alimony obligations. For further information regarding equitable division and divorce, contact The
Faucette Law Firm LLC at (770) 485-6620.