Family Home

Share This
« Back to Glossary Index

The family home is usually awarded to the parent with physical custody of the children and who remains in possession of the home

In divorce matters the family home is treated differently than other marital property. If one parent leaves the home, it is likely that the parent that remains with the children will be given the choice to live in the family home until the children reach the age of majority.

Divorce lawyers often advise their clients not to move out of their residence because it can constitute a waiver to claim later that the family home belongs to both spouses.

The general rule is that both parents are entitled to live in the family home unless they agree otherwise. The court orders the spouse, with most of the custodial rights, to choose whether they want to remain in the family home until the children grow up.

Related Articles

Divorce - Life Changing Process

May 1, 2021
In marriage, we go from our single identity personhood to a combined identity. On just one ceremonial day, vows get exchanged, and we are in union with another soul.  In living together, a close and enduring partnership can also notice a slow but steady merging of individual identities.  But things can and do change, and…
Read more →

Choosing Your Divorce Process

May 1, 2021
Fault Or No-Fault Divorce  In almost all states, spouses can file a no-fault or fault-based divorce. In addition, both types of divorce can be contested or uncontested. What does this mean? Mostly, it means that before you file for divorce, you should carefully consider whether you want to take an aggressive and uncooperative approach to…
Read more →

Property Division in Divorce: Based on States

May 1, 2021
In divorce, the spouses are first asked to agree on an equitable division of their personal and real property. If the spouses cannot agree, they will be compelled to follow their state law concerning property division. This article covers the differences between community property states and separate property states, sometimes called equitable property states. But…
Read more →

The Role of Divorce Lawyers

May 1, 2021
Before you hire a divorce lawyer, you should know that getting a divorce is expensive, destabilizing, and usually heart-wrenching. That is why having the best possible divorce lawyer representing you is so important. This article will help you understand the role of divorce lawyers and the divorce process, the types of work they perform, the…
Read more →

Full Service Relocation

May 1, 2021
Many people consider relocation after their divorce as a way to putting their former life behind them and make a fresh start somewhere new. However, if it is your intention to move a long distance away from your former residence, or if you are planning to move out of state, be advised this can present…
Read more →

Affiliate disclosure

GotTrouble.org is a one-stop free and open consumer information and expert resource.

Our information helps guide people through the complexity of life-changing legal, financial, and emotional challenges.

One way of doing this is by providing our visitors with a wide range of third-party resources. Some of which are affiliates.

Should you visit an affiliate, we will disclose this fact, and we may earn a commission. We ask that you use your independent judgment in deciding whether an offered service or product fits your needs and purposes.

If you have questions, please get in touch with us at inquiries@GotTrouble.org.

Sponsors