Is a spouse allowed to live in the family home during a divorce?

On Behalf of | Aug 27, 2021 | Divorce

Divorce proceedings may bring about questions that a spouse did not previously consider. One concern revolves around living arrangements. A divorcing spouse might not have a second North Carolina residence available and could ask about staying in the family home. When both spouses own the house, things may become complicated.

Legal matters and remaining in the family home

Both spouses might not want to live together or even see one another, but both may have rights to the property. That is, if both spouses’ names appear on the house’s title, the two spouses have a legal right to reside inside the property.

However, the court could make a ruling that one spouse must leave. Such an outcome could happen when one spouse gets a domestic violence protection order against the other.

Other factors may impact who gets to remain inside the house. When one spouse’s name appears on the title, the other spouse might not have any rights to the property.

Other issues about living in a family home

Each divorce case has its particular unique circumstances. Maybe one spouse co-owns the house but doesn’t want to live there. The spouse could leave, eliminating any controversies over who resides inside the property.

Although a spouse may willingly leave the residence, that does not mean he or she intends to give up property rights. The spouse might want to sell the house and receive half the proceeds. Such things come up during divorce settlement negotiations.

Negotiations could take many turns. One spouse might not want to sell the home and could give up other property to keep it. Is the other spouse willing to accept such a deal?

Both spouses might benefit from considering living arrangements when divorcing. The spouses might have to plan for a “second best” choice if things don’t work out as preferred.

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