Property Division Attorney in Rockville, Maryland

Who gets to stay in the home during a divorce?

Rockville, MD family law attorney Stuart Knotts Skok explains what happens to the family home during a divorce.

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So, the family home, one parent can stay in the family home. They have to be a custodial parent in order for the court to award a one-parent use of possession of the home, which they can do at a custody hearing during the case. They have to have either shared or primary physical custody of the child and the determination is based on what is the best interest of that child living in that home, and which parent makes most sense to live with, you know, that child. So it’s more about the child than it is about the parent.

Although, one of the factors is if a parent runs a business in the home, that’s one factor that the court may award the family home to that spouse. But it’s for a temporary period of time. The court can award you some possession for up to three years from the date of a divorce, but not beyond that and if the court wants perhaps believes that one spouse should be in the house longer than that, they can also transfer ownership of that house to that spouse if that spouse has the ability to assume any lien and pay off the other spouse any equity that that spouse may have.

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