Yes and no. There is nothing in the law that would prohibit it, its more about whether that is such a good idea. Parties might have unreal expectations as to what the other party has in mind or what might happen that is not anticipated e.g. the other party meeting another person. Tensions can arise if the parties are now seeing other people or if financial matters kept them together and are still a problem going forward after the divorce. For some couples, living together after divorce is not difficult at all and they prefer it for a variety of reasons. Many wish to continue to co-parent and its the easiest way to do it. Others are just looking to save money after the divorce and reside in the house together for as long as possible or until their children are out of the house. It can work but parties have to be mindful of who they are and realistic in their expectations of each other going forward.
Green & Associates, LLC Blog
Divorce and When To Leave the House. The question comes up often, when can I leave the house if I am considering a divorce. Does that mean that I have abandoned the house. What if I have children, can I leave with the children. These are all very good questions, that are often fact dependent. Regardless, often, there is no problem with a party leaving the marital residence prior to a divorce becoming finalized, but it can be dependent on whether or not the status quo bills for the parties marital residence, spousal support and child support are being paid. If there is a an issue of domestic violence that must be taken into account as to whether or not a party must leave the marital residence. Call us if you have questions regarding these issues.
There are times in a divorce where the parties for a variety of reasons choose to continue to live in the marital residence together after a divorce. Terms for a situation such as this may be covered in any Property or Matrimonial Settlement Agreement. Carrying costs for the marital residence that includes payments for any mortgage, home equity line, property taxes and utlities will have to be apportioned and paid by the parties during this time. Sometimes, in lieu of alimony, payments are made by the spouse having a future obligation to pay alimony. Often, child support and alimony are held in abeyance until the parties are no longer living together. If you have a complicated divorce with issues of continued residence in the marital home with your ex-spouse, call Green & Associates, at 732-390-0480 in our East Brunswick office or 201-242-1119 in our Fort Lee office for a free consultation. Night appointments are available.
Often in a divorce, the parties choose to sell the marital residence. Generally, the parties agree upon a real estate agent and the reasonable recommendations of that agent as to listing price, reductions in listing price and sales price are to be followed if the parties are not in agreement. If both parties are on the deed, they must both sign the contract for sale of the marital residence with the real estate agent. If one party is not cooperative, a party may obtain power of attorney from the court to sign the contract for sale for that party. After a buyer signs the contract for sale and after attorney review by the real estate attorneys, generally, the house is inspected. If you have questions regarding the sale of your marital residence in a divorce setting, please call Green & Associates at 732-390-0480 in our East Brunswick office or at 201-242-1119 in our Fort Lee office for a free consultation. Night appointments are available.