For years, you shared the marital home with your spouse. Now, that you are in the middle of the divorce, there is a question of where each of you should stay. Who stays in the house? Which person leaves? If you are the one that chooses to stay somewhere else, you may wonder what your rights are regarding the family home. During a divorce, it is easy to be confused by what your rights are and what you are allowed to do in regards to marital property. Here is what you need to know if you aren’t sure if you should enter your marital home.
Know the Facts About Home Ownership and Divorce
When you buy a home with your spouse, then the home belongs to the both of you. Even if you choose to stay with family or rent an apartment while the divorce is being finalized, you still own the house until the final order is made. In a settlement, you will have to determine who keeps the house or if you plan to sell it and split the assets.
Now, there are times where you are not able to enter the home. If your spouse has an order of protection against you, then you legally cannot visit the home.
Protect Your Legal Rights
During a divorce, you still have legal rights! It is important that you know your rights, especially in regards to your property. If you are unsure, then your best option is to speak with a lawyer. A lawyer will help make sure that your rights are protected. This means that if you need to enter your home and your spouse tries to keep you from your belongings, he or she can defend you and make sure that your rights are still respected throughout the divorce.
The worst thing that you can do when going through a divorce is to forego legal assistance. Divorces may seem simple on the surface, but there are a lot of complex details that most people are unaware of. If you’re worried about your spouse barring you from your home, then you need to discuss your options and rights with a lawyer to make sure that your rights remain protected. If you are thinking about divorcing your partner, it helps to talk with a family lawyer in Frisco, Texas in advance. Set up your consultation and talk to a lawyer today about your situation.
Thanks to Scroggins Law Group for their insight into family law and who gets your family home.