can i live in the house untill sold

UPDATED: Oct 1, 2022

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can i live in the house untill sold

will i have to pay to stay there

Asked on December 25, 2018 under Family Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on what is determined in the divorce--either voluntarily between the two of you, if you can resolve/settle it voluntarily, or determined by the court if you can't work it out voluntarily. There is no right or wrong answer--no rule for what should always happen in this situation. Anything the two parties (you and your soon-to-be ex) work about between the two is acceptable; or the court has the power to make a determination, trying to do what is fair and appropriate, taking into effect the parties' respective earning potential, how much each contributed to buying/paying for the home, whether either has a compelling reason to stay in that *that* house (e.g. it's particularly close to a job or medical care, if the person is under regular care), and if there are children, who is the main caregiver and where is it in the children's interest to be. The court can, for example, let one or the other stay there pending any sale, with or without paying "rent" or upkeep (or possibly by reducing spousal support, to reflect the provision of a place to live). So either try to negotiate this with your spouse, or else make a motion to the family court asking for a determination in this regard.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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