For most families, the home is more than a piece of property or an asset,but a symbol of a life once shared. Deciding what happens to it in a divorce,therefore, is almost always a major point of contention and a concernfor both spouses. If you still have minor children, you might be worriedabout uprooting them and how it will impact their ability to cope withan already overwhelming situation. Thankfully, you have many options toaddress this situation.
One Party Keeps the Family Home
You do not necessarily have to sell the home and split the equity in adivorce. It is possible for the court to award one spouse exclusive useof the family home, but certain factors must apply, such as:
- A history of fear or abuse exists
- A spouse is abusive
- A spouse already left the family home and is living elsewhere
It is also possible for orders allowing exclusive use of the family homeduring a divorce to be temporarily issued and modified once the divorceis finalized. The court might also award one party the family home duringtrial while considering several of the following factors:...