by 
The Curious Bag
-
<h4 class="dechead">On One Hand: The house goes to the parent with primary custody.
As a father, you are likely to be able to keep your wife out of the house if you are awarded temporary primary custody of the children during the divorce. Courts typically provide the parent with temporary primary custody the residence while the divorce pends to provide stability for the children.
On the Other: Without children, both parties have equal claim.
If the marriage produced no children, both you and your wife are on essentially equal legal footing in making a claim to the house during divorce proceedings. The party who makes the more compelling economic argument for living in the residence is likely to persuade the court to grant possession of the property.
Bottom Line
The prevailing consensus among family law experts is that the marital residence follows the children while divorce proceedings pend. The parent who is the primary caretaker of the children during the divorce likewise will be permitted possession of the home.
Source:
"The Divorce Organizer & Planner;" Brette Sember; 2004
"Essential Guide to Divorce;" Emily Doskow; 2008
Cornell Law School: Divorce Overview
More Information:
RELATED QUESTIONS
Copyright 2023, Wired Ivy, LLC