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Making decisions regarding living arrangements in divorce

Apr 14, 2022 | Divorce

Couples with children in West Virginia and elsewhere who decide to divorce have a lot to consider throughout the process. One of the most important and likely pressing issues is the living arrangements of both spouses and their kids, not only during the divorce process but afterward. Making these decisions can cause a great deal of strife between divorcing couples, but here are some things to consider with regard to living arrangements and the marital home. 

Who can stay in the house? 

Typically, both spouses have the right to stay in the house during the divorce, unless the court orders otherwise. Of course, issues such as domestic violence and abuse can influence the court’s decision to order the offending spouse out of the marital home. Even if only one spouse’s name is on the title, the other spouse may still have a claim to equity in the home if the property was purchased during the marriage. 

Moving out or staying? 

At any time before, during or after the divorce, a divorcing spouse can choose to leave the home and move into another house or apartment. However, if his or her name is still on the mortgage to the marital home, that individual is still legally responsible for the mortgage payments even if he or she has vacated the house.  

Many divorcing spouses choose to stay in the marital home throughout the divorce process. Maintaining a sense of stability for the children is one reason some divorcing parents choose to do so. However, contention and animosity between the spouses may make this a less-than-ideal situation. 

No two divorces are the same and neither are the parties that go through it. In a divorce, both spouses have certain rights about child custody, property division and more. As such, a divorcing spouse will want to work closely with an experienced family law attorney in West Virginia for help protecting individual rights and pursuing the best outcome possible.