1. Spouses’ Agreement
If there is an agreement between the parties, the agreement determines who will stay in the house. The court usually approves this agreement.
2. Child Custody
If the couple has children, the court usually makes a decision based on the best interests of the children. The party who is given custody of the children may stay in the house in order to protect the children’s order.
3. Rights over the House
Who owns the house or who is a party to the lease agreement is also an important factor. However, the property owner may not have the right to evict the house immediately during the divorce process; the court will evaluate the situation.
4. Family Home Notation
If one spouse has a “family home notation” on the title deed to protect the family home, the other spouse’s right to dispose of the house may be limited. This notation ensures that the house is preserved as a common living space.
5. Violence or Security Concerns
If one of the parties has been violent towards the other or is threatening, the court may take protective measures and order the victimized party to stay in the house.
6. Temporary Precautionary Decisions
During the divorce case, the court may decide who will stay in the house with a temporary precautionary decision. This decision is valid until the case is concluded.
If there is a dispute about who will use the house, getting legal support from a lawyer will ensure that the process progresses more smoothly.
