During the divorce, you expect to sell your family home. You will then divide the money that you earn with your ex. You will probably both need to find new places to live. Maybe you’ll use the money from the sale as a down payment on another house, or maybe you’ll just find an apartment to rent.
But the divorce process can take months. It could be six months or more before you’re actually living in a new location, on your own. What are you supposed to do in the meantime? Do you have to move out of your house after filing for divorce so that you won’t be living with your ex?
Do you own the house?
From a legal perspective, it’s important to consider home ownership. If you are both on the title, then you own the home jointly. You may each have 50% ownership rights. This means that both you and your spouse have a right to be in the house, and no one can force the other person out.
Realistically, you may not be comfortable living together after filing for divorce. Many couples do separate at this time. But that’s a choice that they make intentionally, rather than a legal obligation they have.
That being said, there are some relationships where only one spouse owns the home. Perhaps that house was purchased prior to the marriage. If only one of you is on the title, then the homeowner can tell the other person that they have to leave. This can certainly make the divorce more complicated, but it does happen.
Your legal options
Issues with housing and asset division often cause disputes during a divorce. As you go through this process, be sure you know about all of your legal options.