Am I Allowed To Stay In My House During A Divorce In Pasco County, Florida?

It depends on the facts of your situation. If the home is owned jointly as tenants by the entireties, the home is considered a marital asset in divorce proceedings. If you decided to move out while the divorce was underway, you would not be abandoning your rights to the home.

However, many people who are divorcing choose to stay in the home, particularly if there are children involved. If you do decide to stay in the home, and you are a co-owner of the home, you have a legal obligation to contribute to the mortgage payments and the expenses of the home.

When the court decides to divide the home, if the parties can’t agree, it will take into account the desires of the parties on who gets the home. If minor children are involved, the court will consider what will be in the best interests of the children, even if that will result in an unequal division of assets.

In some cases, if remaining in the home with a child is in the best interests of the child, and it’s financially possible for the spouses to maintain the home until the child turns 18, the court may allow one party to remain in the home for a period of time after the divorce.

During some cases during a divorce, one of the parties wants to list the house for sale. However, unless both parties agree or there’s a court order, you can’t sell the house. You also can’t take on any additional mortgage debt, and you also must maintain the home until the divorce is final.

In many cases, a couple’s home is their largest asset, and dividing it in a divorce can be tricky, especially if children are involved.


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