Charlotte Divorce Lawyer Blog
Which Spouse is Allowed to Live in the Marital Home During Separation?
Owning a home is the American dream. When a couple purchases their own home, it often gives them a sense of peace and joy. It is wonderful to own a home with your spouse, but what happens if you decide to separate and divorce? Many couples wonder which spouse will be able to remain in the home and which will need to move out. It is helpful to understand separation and divorce in North Carolina. An experienced divorce attorney will help guide you through the process.
Separation Requirement
Most states do not have a separation requirement for divorce, but North Carolina is not one of those. North Carolina law requires a couple to live apart for a period of at least one year before they can end their marriage. Living apart means that one or both of you will need to move out of the marital home. You cannot remain under the same roof, even if you intend to divorce. The separation requirement brings up the immediate need to discuss who will stay in the home and who will move out.
Factors to Consider
When a home is marital property, it will be divided or distributed as part of the divorce settlement agreement. In the meantime, one party will typically remain while the other moves to a new location. There are several factors you may want to consider when deciding which spouse will live in the family house during the separation period. First and foremost, think about your children. If you have kids, you will likely want to keep them in the same house, with familiar settings and where they are near their school and friends.
Other considerations include a convenient location, each spouse’s preferences, and attachment to the home, among others. You and your spouse will need to come to an agreement regarding mortgage payments and maintenance and repair costs during the separation period. It is essential to resolve these matters as soon as possible to protect your interest in the property.
Are There Advantages to Remaining in the Home?
There may be advantages to staying in the family home, particularly when it comes to child custody. While the marital home is supposed to be divided equally, when a parent lives in the home with their children, it may make it easier to remain. The courts will always make decisions based on the best interests of the children, so the parent with primary custody may be able to stay in the home with the children. Child custody will be formalized when the divorce is final, after at least a year of separation.
Should We Sell the Marital Home?
During the separation period, spouses need to work out the details of property division, including how to handle the marital home. There are several options. The home may be sold, and the profits split or one spouse may buy the other out of their share. In some instances, spouses may decide to keep the home until the children are grown and then sell it. Various factors will help determine the best course of action, including how much equity is in the home, which spouse will be able to afford continuing mortgage payments, and more.
Separation and divorce can be complicated, especially when you own a home together. It is helpful to seek guidance from an experienced divorce attorney before you make any decisions. Contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
The family law practice group at Arnold & Smith, PLLC includes four Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
https://www.law.cornell.edu/wex/marital_settlement_agreement
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