What are my rights to the marital residence if my husband and I separate/divorce?

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What are my rights to the marital residence if my husband and I separate/divorce?

I have been married 20 years and recently found out that my husband has been having an affair for several years. We have a business together as to which I own 1/3. We have 3 children,but only one under 18. I would like to get counseling however he feels he doesn’t need help and he doesn’t want to change. Is there a chance I would be able to stay living in our home with our son if we were to separate? I don’t want this to be any harder on my son than it has to be.

Asked on July 5, 2011 under Family Law, Pennsylvania

Answers:

howard rovner

Answered 10 years ago | Contributor

Great question.  

Please go to www.greaterphiladelphialawyer.com for a free case analysis. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  If your husband agrees to your staying in the home after the divorce and until your son reaches a certain age (generally that is 18 and  you did not say how old your son is here) but it can be any age or event.  Say 21 or the finishing of college which ever is first.  Other wise the case law from court cases in Florida will be determinative of how this issue is decided if the parties do not agree.  It is possible that in the distribution of the assets the house will be awarded to you given the business aspect of the assets.  But really it depends on looking at the entire picture.  Get help.  Good luck. 


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