1. Who Owns the House?

If it is registered in the name of one of the spouses: The person whose name the house title is registered in continues to own the house. However, this does not always mean that person will stay in the house.

If it was purchased during the marriage: If the house was purchased during the marriage, it is considered “acquired property” according to the property regime rules and is usually shared between the spouses.
If there is a family residence entry: If one of the spouses has a “family residence entry” on the title deed, this can restrict the other spouse’s right to property and protect their right to live in the house.

2. Situation of the Children
The courts look after the best interests of the children. If custody of the children is given to one party, that party can generally stay in the house so that the children’s order is not disrupted. This may be the case even if the house belongs to the other spouse as property.

3. Financial Situation of the Parties
The economic situations of the spouses can affect who stays in the house. A spouse who is financially poor may gain the right to stay in the house temporarily or permanently.
The court may also take additional measures such as rent assistance depending on the financial strength of the other spouse.

4. Property Regime and Divorce Protocol
Property regime: If there is a property regime agreement between the parties (e.g. property separation, property partnership), the house is divided accordingly.
Agreement by protocol: If a divorce protocol has been prepared, the parties can agree on who will inherit the house. The court approves this protocol.

5. Interim Precautionary Decisions
During the divorce case, the court may take an interim measure decision on who will inherit the house. This decision is valid until the case is concluded.

Who will inherit the house does not depend solely on the title deed owner. The court makes a decision considering the interests of the spouses and children. If there is a dispute regarding the house in which the person lives during the divorce process, it is important to get legal support from a specialist lawyer. During this process, legal tools such as a family residence annotation can also be effective in protecting rights.