Property Division Attorney in Rockville, Maryland
Who gets to stay in the home during a divorce?
Who gets to stay in the home during a divorce?
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so the family home um one parent can
stay in the family home they have to be
a custodial parent in order for the
court to award a one parent use in
possession of the home which they can do
at a custody hearing during the case
they have to have either shared or uh
primary physical custody of the child
and the determination is based on what
is the best interest of that child
living in that home and which parent
makes most sense to live with you know
that child so it’s more about the child
than it is about the parent although one
of the factors is if a parent runs a
business in the home that’s one factor
that the court May award uh the family
home to that spouse but it’s for a
temporary period of time the court can
award you some possession for up to 3
years from the date of a divorce uh but
not beyond that and if the court once
perhaps believes that one spouse should
be in the house longer than that they
can also transfer ownership of that
house to that spouse if that spouse has
the ability to assume any lean and pay
off the other spouse any Equity that
that spouse may have
Rockville, MD family law attorney Stuart Skok talks about who gets to stay in the home during a divorce.
