Your marital home is where you and your spouse lived, sharing memories and experiences. Due to its personal nature and monetary value, deciding what to do with a home when considering divorce can be a very difficult decision. Located in Livonia, the attorneys at Creighton McLean & Shea PLC can offer advice and guidance for staying in and retaining the family home during a divorce.
Residing In The House During Divorce
In Michigan, spouses do not have to be living separately to file for divorce; you can file even if you both still live in the martial residence. Also, if you own the home jointly, both spouses have a right to stay until the divorce is finalized. However, if you want your spouse to leave and he or she refuses, your lawyer may be able to help you file for temporary exclusive occupancy.
Choosing to stay in the marital home while divorcing can benefit you during child custody proceedings. Courts could interpret leaving the home as a lack of interest in maintaining a relationship with your children. Establishing a new residence outside the marital home could also impact child support and spousal support obligations. If you leave and can support yourself and your spouse, a judge may think you could continue to do so after the divorce without harming you financially.
Retaining Your Home After Divorce
In a divorce, you may wish to keep the marital home for both sentimental and practical reasons. If you can afford to own the home based on your own income, without child support or alimony, the house can be a great asset. As a homeowner you get tax write-offs for the mortgage and could sell the home for a profit later. Staying in your home also provides much needed emotional stability for you and your children.