Who gets the family house in a divorce?

There is a lot to think about if you're moving forward with the divorce process. Even if you understand that this will bring many benefits to your life, such as the ability to chase your personal dreams, you understand that there are many questions to answer.

Like many, the biggest question on your mind pertains to who gets the family house in divorce.

Unfortunately, there is no simple answer to this question. Even if you believe that everything is cut and dried, you'll probably come to find that this is not the case.

Here are a few things to think about:

  • If you have children, the individual who has physical custody is generally in position to keep the marital home. This is typically in the best interest of the children, as it allows them to maintain some stability.
  • If one partner purchased the property with separate funds, he or she has the legal right to ask the other person to leave. This often comes into play if one individual purchased the home before marrying.
  • If there are no children, the court will look at a variety of details to determine what's best. For example, you may be able to work out an agreement with your ex-spouse in which the home is sold and the proceeds divided.

Along with the above, there's one last thing to remember: You should never stay in the family home with your spouse if you are part of an abusive relationship. You are better off leaving for the time being and figuring out what will happen with the property during your divorce case.

As you can see, there is no right or wrong answer as to who gets the house in divorce. There is a lot that goes into this, so you need to prepare yourself for anything and everything.

When you couple the right approach with knowledge of your legal rights, you'll find yourself in position to feel good about the way the process works out in the end.

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