Who stays in the house during a divorce?

UPDATED: Nov 3, 2011

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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


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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