Many spouses continue to live with one another during a divorce, but they generally go their separate ways once the courts have finalized the orders addressing their property and any shared minor children. Sometimes, spouses have a prenuptial agreement that clarifies who retains possession of the marital home if they divorce.
Other times, a pre-existing connection to the property, custody arrangements for minor children or personal circumstances make it clear that one spouse should stay in the home while the other finds alternate housing.
In cases where both spouses want to remain in their marital home, who ultimately decides which spouse receives exclusive use and possession of it?
Either spouses agree, or the courts decide
Divorcing couples in Florida are subject to equitable distribution rules. They can reach agreements on their own that are fair as long as they both consent to those terms.
If spouses disagree about what is reasonable or appropriate, they may need to litigate their property division disputes. A family law judge looking at the financial circumstances of the spouses, the details of the marriage and the custody arrangements for minor children can make the final determination regarding the home.
The spouse who retains possession often needs to compensate the other spouse for their share of home equity. Leaving such a major decision to a judge can put spouses in a scenario where they cannot plan for their future until after the finalization of the divorce.
Learning more about the rules that apply during property division can help those with homes and other valuable assets understand what to expect. Consulting with an attorney can help spouses learn about the laws that will guide the outcome of a pending divorce.