There are so many reasons a client wants to remain in the family home after the divorce proceedings have been filed. Often it is a custodial parent who wants to provide normalcy for their children. Other times it is for financial or emotional reasons, or a combination of the three. Whatever the reason, unless one party agrees to move out of the residence, a court order will be required to exclude a party from living in the family residence.
Deciding who will remain in the residence at the beginning of a case is a problem nearly every family law litigant will face; requiring the assistance of the court in reaching that decision is far less common. In most cases, one or both parties will decide to leave the family residence. In these situations it is important to have a written agreement about who is leaving, who is staying, and how the expenses related to the residence are going to be paid. These agreements are where most of the controversy lies, especially with regard to the payment of the expenses. That is an issue that should be addressed in a separate blog.