Alex Can a spouse live in Your House during a divorce?
After you’ve filed for divorce, you can ask the court to grant a temporary order to allow one of you to live there with exclusive use during the divorce proceedings, while the other must move out. The court isn’t likely to bar your spouse from your home without good cause.
Can a court order you to sell your house during a divorce?
First, if the parties cannot agree to the terms of their divorce and a trial is required, the court can issue property orders which could include selling or transferring real estate. Property orders are final upon divorce and unless there is a successful appeal, the court’s orders must be followed and cannot be changed.
Can a judge force a spouse to leave the home?
Both parties have a right to stay in the home. No one can force you to leave your residence without a court order unless there is domestic violence. In order to get such a court order in a divorce, a temporary orders hearing must be held. During a temporary order hearing, the judge will determine who is awarded the exclusive use of the home.
Can a judge bypass spousal input in a divorce?
A judge may choose to bypass the couple and take the “independent realtor” route from the beginning, especially if time is of the essence. As much as judges don’t like to ignore spousal input in a divorce—especially on something as important as the family home—their obligation to preserve the asset takes precedence.
Can a court order who gets the house in a divorce?
When it comes to who gets the house in divorce, “A court can order in the interim who stays or who goes, but what if a couple is in the house, and you are not sure what to do with it, and the house then could become a financial burden to one or both of you,” says Cris.
Both parties have a right to stay in the home. No one can force you to leave your residence without a court order unless there is domestic violence. In order to get such a court order in a divorce, a temporary orders hearing must be held. During a temporary order hearing, the judge will determine who is awarded the exclusive use of the home.
When do family court judges hear final divorce hearings?
Family court judges hear final divorce hearings when there is a dispute on an issue. Family court commissioners may hear final divorce hearings when the parties have a written agreement on all issues. Hearings to enforce a court order or modify an order after a judgment is issued are heard by family court commissioners.
A judge may choose to bypass the couple and take the “independent realtor” route from the beginning, especially if time is of the essence. As much as judges don’t like to ignore spousal input in a divorce—especially on something as important as the family home—their obligation to preserve the asset takes precedence.