Who gets to stay in a house during the divorce process? In Michigan, the court will not let either spouse waste marital estate. It forbids the parties from supporting two different dwellings. Two separate dwellings mean paying for two separate living expenses. You won’t like the court’s logic in this. You two are going to stay together in the house, which will be uncomfortable.
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You will need to be adults and stay. Unless there is an extremely bad reason to do otherwise. You will remain together in the same house. Well at least until the court renders its decision or while the divorce is being processed. Obviously, if domestic violence exists in the house, the situation is different. The court will consider any potential threats to you, the children, or both. To safeguard you and the kids, the court has the authority to order one spouse to leave.
Who gets to stay? Who gets kicked out?
It is typical for the title to include the names of both spouses. There will be equal rights for the spouses in those circumstances. During the divorce, one or both spouses may continue to reside in the marital home.
But occasionally, only one spouse’s name will appear on the title. You could assume that this inevitably results in one spouse getting to stay in the house. While the other is forced to leave. That isn’t always the case.
Any property acquired during the marriage is regarded as jointly owned. It is most common in states where community property is the law regardless of who is listed on the title. The spouse’s contribution during the marriage provides an interest in the property. This is true in states with equitable distribution. It is not necessarily important what is written in the title.
When going through a divorce, spouses typically do not want to live together in the same house. It doesn’t make sense for them to live together at this moment because they aren’t typically on the best of terms. No matter who is listed on the title, it might be a good idea to leave in some circumstances.
Who gets to stay in the marital home?
Michigan law does not need a married couple to live apart in separate homes before the divorce. This is in contrast to other states. This results in the parties continuing to live together before the divorce judgment. It happens frequently until their assets are distributed.
Staying will help to create greater stability if you keep your kids in the same home. It’s also an opportunity to have the property appraised and inspected before selling.
Financially, being together in the same house allows both partners to set aside some cash. And prepare a budget for their future independent living arrangements.
This is the house you and your husband shared while married. Your spouse might want you to move. There may be times when you feel as though your spouse is attempting to evict you from the home. Or your spouse has taken formal action to do so already.
The law guarantees both spouses’ right to continue living in the marital home. Both of you can stay up until a judge makes a different decision because the marital house is your legal abode.
It is illegal to “kick out” a spouse. You’re not supposed to be doing things like removing their belongings. You should not be changing the locks on the house’s doors. If you act in this way, your husband can contact police enforcement to reclaim the keys to the house.
Who gets to leave the marital home?
There are a few circumstances in which your spouse can compel you to leave in an ongoing divorce case.
There may be ways to remove your spouse from the home while your divorce is in progress. It is possible via Michigan law regulations, but the requirements are stringent.
You can ask the court to issue an order of exclusive occupancy. This allows just one spouse to live in the marital home while the divorce is pending.
Only two situations allow a Michigan court to issue this judicial order:
[ a ] When one partner has moved out of the marital home and into a new place.
[ b ] When domestic abuse or violence is a problem
This kind of order can bar the other spouse from entering or using the property at any time. It gives the resident spouse a sense of normalcy and privacy.
A Personal Protection Order or PPO can also be used. This will prevent the spouse subject to the order from entering the marital home.
How does the court decide who gets to stay?
The person whose name is on the deed does not necessarily get the home. Keep in mind that Michigan handles assets equitably. There are a couple of solutions available though before it even enters the court. Either of you must choose whether to sell the home and divide the money or to keep it.
The simplest and least expensive alternative is for both of you to decide jointly. Deciding before filing for the divorce settlement. Any other method can be costly.
The next step is to have someone mediate the negotiations. You or both of you may not feel comfortable resolving this issue together. The mediator would list the various assets. And then assist you in selecting a reasonable course of action.
If you can’t come to a joint or unanimous decision, the court can make it for you. The court will make such a decision based on certain factors:
[ a ] Your age.
[ b ] Prevailing health concerns.
[ c ] Length of marriage with your spouse.
[ d ] Your children.
[ e ] The house is separate or marital property.
[ f ] Investment in the house.
[ g ] The fault of a spouse.
The most crucial aspect to take into account while selecting who gets the house is your children.
The children could do best if one parent stays in the house with them. This would help them feel normal and stable during this difficult period.
If a lawsuit is filed, the Child Custody Act will be used to make the decision. The best interests of your children are supported by this statute. It considers their mental, physical, and emotional health.
What happens to the marital home in a divorce?
The determination of the financial value of a home is a technical issue. Your attorney can help you with that. There is more to a marital home than its financial value. Before deciding what to do with the marital home reflect on what the home means to you. Are memories about the home worth holding on to? The negative memories might cancel out the positive ones.
You might also want to take into account your support network. If you leave you may lose them. You had a spouse who could pick up the kids from daycare or school while you were married. After the divorce, you will be alone. Will you have friends or family in the neighborhood you are moving into? Will the new neighborhood aid you after your divorce? Should you relocate near your family instead?
Think about whether you have the financial means to remain in the home. Do this after determining its emotional value.
After the divorce, a lot of things will change. The total cost of living may increase by twofold: two homes; two sets of utilities; two sets of clothes for the kids.
Your available funds could fluctuate. With more time spent with your kids, you might not be able to put in the same number of hours or extra. If you receive spousal support, it can be temporary or only last for a short period of time. You might even be required to pay child support and/or spousal support.
Calculate the home’s equity. You must give your spouse a fair portion of the equity built up throughout the marriage. More so if you wish to continue living there after the divorce. To get at an equitable division, you might have to restructure the mortgage. You have the option to give your spouse a bigger share of other assets.
The question of whether you will be able to refinance the mortgage is another concern. Your spouse might wish to have his or her name taken off the mortgage. You may do so if you want to stay in the house so they can apply for another mortgage if they decide to buy a house. You may have to speak to a mortgage provider if you want to refinance your home. In doing so pay off your spouse’s share in the equity.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.