Posted in News
Divorce Lawyer
Divorces range from unpleasant to downright dreadful. You probably want your divorce to be as stress-free as possible. However, you may be unclear on some of the rules. One major point of contingency can be your home. The divorce will settle how assets are split, but what happens in the meantime? You may be wondering if you can prevent your spouse from entering your home during the divorce proceedings. The answer depends on the situation.
Assess the Situation
Consider your current living situation. If you and your spouse are occupying a home together, it is referred to as your marital home. Unless there is a court order, both spouses have the right to continue living there. This can quickly lead to an uncomfortable environment. Take your time to consider why you would choose to stay under the same roof and what is best for everyone involved including children as a lawyer, can explain. If you voluntarily leave, it does not usually forfeit your rights to return or to receive your share of the assets.
Follow the Rules
Excluding extreme circumstances, spouses should be allowed uninterrupted access to the home. That means you are not allowed to bar access by changing locks or security codes. Nor can you kick your spouse out on your own accord.
Learn the Exceptions
There are a few exceptions to the rules. If your living situation extends past regular discomfort, you may be able to get help. No one should have to live in a home where they are unsafe. For real threats to your safety, your family’s safety, or your property, the court may make an official order to have one spouse removed. A common example would be if a restraining order were in place. Another exception is if one spouse establishes a new home. Only the spouse that moved into the new home would have the right to access it. Because that spouse now has privacy, the spouse remaining in the marital home should also be granted privacy.
Get Advice
There is no cut-and-dry answer when it comes to your living situation during a divorce. Usually, divorce isn’t something most people have much experience in. If you are having a difficult time understanding your rights, don’t be afraid to get advice.
Going through a divorce is not easy. If you and your spouse are living together during your proceedings, take a look at your situation. Learn about your rights and exceptions to the rules. Give a divorce lawyer a call today to stay protected.
FAQs About The Marital Home During The Divorce Process
During a divorce, the marital home is often one of the most valuable and contentious assets to address. Whether it’s the family’s primary residence or a second property, the decisions made about the home can have significant emotional and financial implications for both spouses. Understanding what each spouse can and cannot do regarding the marital home during the divorce process is crucial to ensuring that the division of property is fair and legally sound. The following is a brief overview. For more detailed information, contact our office to speak with a Rockville, MD divorce lawyer.
Can One Spouse Change The Locks On The Marital Home During The Divorce Process?
No, one spouse generally cannot change the locks on the marital home during the divorce without consent from the other spouse or the court. The home is typically considered marital property, meaning both spouses have legal rights to access it, even during the divorce. If one spouse changes the locks, the other spouse may have grounds to file a legal complaint for violating their rights. However, in cases with a legitimate safety concern, the court may grant a temporary order to prevent the other spouse from entering the home or to change the locks for security reasons.
Can One Spouse Kick The Other Spouse Out Of The Marital Home During The Divorce?
Not without a court order. A spouse cannot unilaterally remove the other from the marital home during the divorce process. Both spouses have an equal right to reside in the home unless the court orders otherwise. If one spouse is concerned about the other’s behavior or safety, they can request a temporary restraining order or seek exclusive possession of the home through a court order. In cases involving domestic violence, the court may issue a protective order to remove the abusive spouse from the home.
Can One Spouse Sell The Marital Home Without The Other Spouse’s Consent During Divorce?
No, one spouse cannot sell the marital home without the other spouse’s consent unless the court explicitly authorizes it. During a divorce, the marital home is typically considered part of the marital estate, which means both spouses must agree to its sale, or a court must order it. In some cases, the court may decide that selling the home and dividing the proceeds is the fairest option. However, if one spouse attempts to sell the home without the other’s agreement, this could be viewed as financial misconduct and lead to legal consequences.
Can A Spouse Continue To Live In The Marital Home During The Divorce process?
Yes, a spouse can continue to live in the marital home during the divorce process, unless the court orders otherwise. Often, the home will be sold, or one spouse will be granted the right to stay in the home temporarily. However, issues like who will pay the mortgage, utilities, and maintenance costs should be negotiated during the divorce. In some situations, one spouse may choose to vacate the home voluntarily to reduce conflict or to have a temporary living arrangement while the divorce is pending.
Who Is Responsible For Paying The Mortgage During The Divorce?
Both spouses may still be responsible for the mortgage during the divorce process. Even though the couple is no longer living together, the mortgage is likely to remain in both names until the property is sold, refinanced, or one spouse buys out the other. The court may issue temporary orders to clarify who should pay the mortgage, but both spouses should remain committed to making payments to avoid damaging their credit and defaulting on the loan.
Contact A Divorce Lawyer For Legal Help
The marital home is often one of the most contentious issues during a divorce. If you are facing challenges related to the home or any other aspect of your divorce, seeking legal counsel from an experienced divorce lawyer is essential. A skilled Rockville divorce lawyer can help you navigate the complexities of property division, protect your rights, and guide you through the divorce process. Contact The Law Office of Daniel J. Wright today to discuss your case and explore your legal options.
