What determines who gets the house in a divorce?
In most divorces, the marital home is a couple’s biggest asset. If a judge determines that the marital home is one spouse’s separate property, the solution is simple: the spouse who owns it, gets it. It’s a lot more complicated when the family home is a marital asset.
Who should leave the house in a divorce?
You have the absolute right to stay in the marital home if you are listed on the title to that property. Therefore, unless there is evidence of criminal activity, domestic violence, or harassment by one spouse against another, you have the legal right to stay in your house during the divorce process.
How does a judge decide who gets what in a divorce?
The court will look at meeting the needs of both parties, including ensuring their housing and income needs are met. If these needs are met from the available assets and there is a surplus, the court may consider the origin of certain assets in deciding how the remainder is divided.
What will the judge ask me in divorce court?
The questions asked are things such as where the children live, the type of living arrangements, who else lives in the house, schooling, health and similar questions. A short simple broad answer is usually sufficient. The court does not usually need a lot of detail in the answers.