Can I stay in the marital home?

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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

Answers:

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

Answered 4 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.


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