Who stays in the house during a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who stays in the house during a divorce?
If my husband and I file divorce, will my children and I have to leave the house and the car behind or do we have legal rights to stay in the home?
Asked on November 3, 2011 under Family Law, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unless there is a formal separation agreement or other court order that addresses just which spouse as the right to possession, both spouses have equal rights to live on the premises. That is at least until the divorce is finalized; the decree will stipulate who has control of the house after that.
This is true no matter whose name is on the deed. The fact is that at this point the house is considered to be the "marital residence" and accordingly both parties have equal rights to live there. Again, once a final divorce decree is issued, the the issue of occupancy, etc, will be resolved.
At this point you need to speak to directly to a divorce attorney in your area. They can best explain your rights and reponsibilities.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.