You and your spouse agree to divorce. The conversation then usually turns to the current living arrangements.
Wife asks Husband to leave. Husband says no. Husband asks Wife to leave. Wife says no. So, who gets to stay in the house during the divorce process?
That’s a trick question, because it is “The Marital Residence” so both spouses have the right to live in the house, assuming, of course, there are no serious allegations of physical abuse and one of the parties is evicted by the court. But under ordinary circumstances, you both get to stay.
One of the earliest discussions in the divorce process is about the new living arrangements. The spouse residing in The Marital Residence is responsible for maintaining it, so an immediate question is whether both parties have the financial ability to pay all of the necessary expenses to maintain the house if the other agrees to leave. Even though the Child Support Guidelines may provide for the out-of-house spouse to contribute to the mortgage, this contribution is minimal compared to all of the expenses.
Another discussion will involve the custody schedule and the parents’ feelings about the children staying in “their” home. Sometimes, it is recommended that neither parent leave the house until there is a formal custody schedule.
The bottom line is that both spouses are permitted to remain in the house until the conclusion of the divorce process. I wish them well in doing so.