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So if you get a divorce, the occupancy of your house is determined largely by either the agreement the two spouses enter or by the court’s decision at a trial. It’s gonna depend partly on whether you own the residence or you rent it ’cause if you rent it, then there’s an issue with the landlord and the future contract. If you own it, it’s either gonna be what the two spouses agree to, which is either sell it or one buys the other one out most commonly. If it’s left to a court to decide, the only authority a court has is to order it to be sold.
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New Jersey family law attorney, Brad Micklin, shares how divorce impacts home occupancy.