If you are contemplating a divorce or separation one of the trickiest issues to navigate is who will stay in the property while the divorce is being worked out and who will go. If you can agree on who will stay and who will vacate, and you can agree on how you will handle the household finances during the divorce, then you have resolved what is oftentimes a major hurdle in the divorce process. Similarly, if you and your spouse can live in the same house together while going through a divorce then you are in a very good position to get your case settled.
This blog post concerns the situation where the parties cannot live together while the divorce is being worked out. If you find yourself in this situation, and you need help figuring out your next move, do not hesitate to contact my office at 844-431-3380, or via e-mail using the e-mail contact form found on this page.
At the outset, it should be noted that if the property that you live in is jointly owned neither party has a greater right to occupy it during the divorce. It should also be noted that even if the property is solely owned by one party, that party does not have the right to eject or remove their spouse from their property. Once you are married there is a right to joint possession of the marital home until a divorce is granted. Because neither party has the right to unilaterally remove the other party from the property stalemates can ensue.
Stalemates can arise when one party can’t leave and rent an apartment because they have neither three months rent as deposit money nor good credit. Stalemates can also arise when there is no alternative place to reside, even temporarily – family is not local, and imposing on friends would be too burdensome. Additionally, if one of the parties is not employed they have no chance to go out on their own unless and until they receive some form of support if it’s warranted. Continue reading →