When your marriage is ending you face emotional trauma, but you also deal with practical issues. For example, you may wonder where you should live during the divorce.
You likely have many questions. Should you move out? Should you try to make your spouse leave? Is it possible to live together? Can you afford to live apart before determining property division and spousal support? Several factors go into deciding who should live where as the divorce proceeds.
Affordability is almost always a factor when deciding where to live. Economic conditions may affect where you live during and after the divorce. You may end up selling the house, but now is likely not the time to do so.
Your home may belong solely to you, if it was yours prior to marriage and your spouse has made no financial contributions to it during your marriage. In that case, you may compel your spouse to leave. However, it is much more likely that the home is community property or mixed property.
If your spouse is abusing you or your children, courts may allow you to force your spouse out of the marital home. This involves a protective order and perhaps law enforcement officials.
The divorce process may continue for months. You and your spouse may wish to live apart to avoid unnecessary stress and conflict, particularly if you have children who will sense the added anxiety.
Leaving during the divorce does not mean you abandon your rights to the marital home. Likewise, staying does not guarantee you can retain the home. Do not put your mental or emotional health at risk to protect your financial interest in the property.
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