Most people choose to live in separate houses when going through a divorce – one party moves out of the family home. But some remain in the marital home. Therefore, if you and your spouse wish to stay in your matrimonial home, you can do so.
Here is what you should know:
Name on the title
If both your names are on the house title, you have equal rights to stay in the family home. And this may not be significantly different in cases where the house title lists only one spouse’s name.
Indiana is an equitable distribution state – a judge may determine that an equal division of the marital property, including the family home if it was acquired after the marriage, is fair and reasonable. Therefore, the party whose name is on the house title may not automatically have the sole right to stay in the marital home.
Even if you have the right to stay in your family home during your divorce, if you experienced domestic violence or any other form of abuse, you or your spouse should move out. If you stay in the family home, you could prevent your spouse from being in or near the house with a restraining order.
Is it easier to live with your soon-to-be ex-spouse?
While it’s possible to live with your spouse during divorce, it may not be easy. You may be in separate bedrooms or wings, but you will still feel their presence. A few tips can help you, including:
- Setting clear boundaries
- Communicating respectfully
- Keeping emotions in control and so on
Soon-to-be ex-spouses live together for different reasons. Regardless of your reason, you should get legal help to protect your interests.