What If We Can’t Agree On Who Gets To Keep Living In The Marital Home?

If you and your spouse are getting divorced, and you both live in the marital home, one of the issues that will need to be resolved is: Who gets to keep living in the marital home?

There are many factors that a court would consider in who gets to keep living in the marital home. However, the court always has the option to force you to sell the home. In fact, in most instances, the court will force you to sell the home immediately, or in some cases in a few months or even a few years.

If the court does decide that someone can keep living in the marital home, then the following are some of the factors it will consider:

Children: If your children have been living at that marital home for several years, then the court may not want to disrupt their lives or where they live. This is especially true, if the children are close to graduating high school. Therefore, the parent who is granted custody of the children, would be allowed to continue living with the children at the marital home. However, if a court allows you to remain living in the marital home, it would almost only be until the youngest child graduates from high school.

Finances: The court must consider what is each person’s financial situation. They will only allow someone to live in the marital home if they have the financial income or resources to pay for the mortgage and other expenses related to living in the home.

Ownership of the home, prior to the marriage: In some situations, the court may consider that the person who owned the marital home, prior to the marriage, may be allowed to remain living there. This is often invoked when the home has been in the family over several generations.

Again, it is important to note, that, in most situations, the court will order the sale of the marital home. However, in those situations where the court will allow one person to remain living at the marital home, the factors listed above, can be used to your advantage.

If you want to remain living in your marital home it is important to consult with an experienced matrimonial attorney. David Badanes and the Badanes Law Office, P.C., have the experience to help you in your divorce. If you are seeking a divorce, contact David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office’s phone number is 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport and Uniondale.

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