When filing for a divorce, which party has to leave the home?

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When filing for a divorce, which party has to leave the home?

I am planning on filing for a divorce. The home
mortgage is in my husbands name however, the title
is in both of our names. If I file will I have to leave the
home or will he have to leave?

Asked on June 22, 2016 under Family Law, Ohio

Answers:

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

Answered 4 years ago | Contributor

Actually, neither party has to leave. That is until there is a formal separation agreement or final decree of dicorce that stipulates who receives the exclusive right to the home. Until then, both spouse's have equal rights to use and occupancy. This is true no matter whose name the title and mortgage is in.


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