When a Philadelphia couple reaches the end of a marriage, there are many questions that may arise. These questions can prove to be highly contentious, making it difficult for couples to discuss them amicably. Sometimes, it may prove challenging to come to any kind of understanding of these contentious issues, and divorcing spouses may feel as if they are going into certain parts of the divorce process blind. Thankfully, attorneys are available to help discuss all the nuances involved in divorce cases, so divorcing spouses do not need to worry about confronting these issues alone.
One divorce issue that may cause divorcing spouses a lot of stress is property division. More specifically, many divorcing spouses find themselves asking the question -- who gets to keep the family home in a divorce? Unfortunately, this question often does not have a clear cut answer. However, there are certain general rules that apply in these cases.
For divorcing couples who have children, the question of who keeps the family home may be looked at differently by the court. For example, the parent who is awarded primary custody of the children will often, but not always, retain possession of the family home. Sometimes, the other spouse than receives a larger amount of other assets to balance the difference. When the parties cannot afford to hold onto the home, the house may then be sold and the proceeds split.
Without children, the question of who gets the house in a divorce may become much more challenging. Although neither person has the right to simply ask the other person to leave, they can always request it in court. Knowing a person's rights is always valuable before divorce proceedings begin and attorneys can help ensure that a divorcing spouse is aware of all the legal nuances involved.
Source: FindLaw, "The FindLaw guide to property division and divorce," Accessed on Dec. 7, 2015