Divorce

Although I cannot talk about the specific way this happens in [FILL IN STATE NAME], generally, one way that a person may be able to remain in their home without their spouse is through what’s known as “exclusive use of the home,” which can come with a divorce proceeding. As you may know, at the conclusion of the divorce, the judge may be the one to decide which spouse will get possession of the home or if the home has to be sold and the proceeds divided up. Sometimes, however, before the divorce is final, the judge may decide who can remain in the home while the divorce is pending - often known as deciding who gets “exclusive use” of the home. The person who gets temporary “use” of the home may not necessarily end up with ownership of the home at the conclusion of the divorce. There will be various factors that a judge will consider when deciding whether or not to grant one party exclusive use, and domestic violence may be one of those factors in some states. Also, as part of an order directing which spouse gets to stay in the home, it may be possible for a judge to also order which spouse has to make ongoing mortgage payments while the divorce is pending. I am not sure whether or not these type of temporary orders regarding who gets to remain in the home, who has to leave the home, and who has to pay the ongoing mortgage are things that a judge in your state could/would order. Talking to a divorce lawyer in your state can let you know whether or not these are possible things that a person can ask for in court and how to go about requesting this relief.