When a marriage ends, there is often a question concerning who will continue to live in the family home. This decision holds substantial emotional and financial consequences for both individuals.
To determine who will get possession of the home, there are some important factors that the courts must first consider.
Ownership of the home
The first consideration is to determine who has legal ownership of the property. If one spouse owned the residence before the marriage or acquired it through inheritance or a gift during the marriage, they may have a stronger claim to remain in the home. However, if the property is jointly owned, both spouses typically have equal rights to reside there unless a court decides otherwise.
Custody arrangements
The presence of children can impact the decision about who stays in the home. Courts often prioritize the well-being and stability of the children, aiming to minimize disruption to their lives. Therefore, the court may grant exclusive use of the residence to the custodial parent.
Financial considerations
Financial factors also play a big role in determining who can remain in the home. If one spouse can afford to maintain the residence independently, the court may allow them to remain, especially if they have been the primary breadwinner. If neither spouse can afford the property on their own, they may need to sell it and divide the proceeds between them.
When deciding who gets to stay in the home, courts strive to reach a decision that is fair and equitable to both parties.
