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Who Has to Vacate the Family Home After Divorce?

Sep 7, 2021 | Family

Out of every 1,000 individuals, 6.5% get divorced. Divorce is a trying time. There are many factors to work through. Not only is a chapter of your life ending, but the legal process of divorce itself can be lengthy. You likely have assets to split, and sometimes there are children and custody matters involved. When it comes to your family home, the decision of who gets to stay and who should move can be difficult.

For matters of family law and divorce, whether it’s regarding custody, assets, or more, the Equal Justice Law Group, Inc. can help you navigate tough situations. Although divorce is never easy, we can help make it more manageable. With over 28 years of experience, our attorneys will assist you through this transitional period of life while protecting you and your family. If you live in Sacramento, California, or the neighboring areas of Jackson, El Dorado Hills, and Placerville, Equal Justice Law Group, Inc. wants to help.

Deciding Who Stays in the Family Home: Considerations

As you figure out living arrangements with your attorney and ex-spouse, there are several considerations at hand.

Your Own Safety

Are there any domestic violence factors involved in the split? For some, if domestic violence has been experienced, it may be safer for the victim to go to a new home that the abuser does not know about.

Your Own Comfort

Where would you and your ex-spouse rather be? One of you may have a stronger preference for staying in the home and being more comfortable there.

Your Children

If there are children from the marriage, this impacts decisions significantly. Many times, it may be better for children to stay in the family home. It is the place they are familiar with, and adding a move on top of a divorce can be even more disruptive for them. Depending on your child’s age, they may already be settled with friends in a particular school district.

Keeping your children in their home might be the best option instead of having them move. In that case, how should custody be split? The parent who has physical custody during the week should stay in the family home.

Deciding Who Stays in the Family Home: Options

As you split your assets and discuss living arrangements, there are a few options to consider when it comes to your family home. For some couples, both of you staying in the home might work. If the divorce is amicable and you have young children, plus there is enough space for you to still be comfortable living together, that is a possible arrangement.

For other couples, selling the home and splitting the money to both start fresh is the easiest path to take.

Bird-nesting is also a viable option. Bird-nesting is when the children stay in the home and the parents take turns being in the house with them. If there is joint custody, it saves the kids from being constantly shuttled from one home to another.

It is important to remember that the parent who stays in the house doesn’t necessarily get to keep the house. It can still be sold, among other actions. These are all terms of the divorce that are discussed and settled.

Let Equal Justice Law Group, Inc. Help

Having a legal advocate is critical as you go through a divorce. The Equal Justice Law Group, Inc. will help negotiate a fair solution in your family law case. We look at the big picture so that the small details can get worked out in the best way possible for you and your family. If you are located in Sacramento, California, or the neighboring areas of Jackson, El Dorado Hills, and Placerville, contact us today for a Consultation.

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