Can I stay in the marital home?

UPDATED: Sep 30, 2022

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Can I stay in the marital home?

My husband wants a divorce. He and I have been married 16 years; we have a 13 year old daughter. My family leaves in another town and daughter doesn’t want to move schools. My husband says that he won’t move out and that I should go to my parents but leave our daughter with him. I don’t want to do that. Where so I go from here? The mortgage is both of our names.

Asked on November 1, 2016 under Family Law, Iowa


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Until a formal separation agreement is entered into or a final decree of divorce is granted, the home shared by by spouse's is still considered to be the "marital residence". This means that both parties have the right to occupy it. As to who will have the right to stay in the future, this is a matter to be worked out between the parties and the court. At this point, you should consult directly with a local divorce attorney. They can best advise you further.

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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