Who gets to live in the home during a divorce?


Attorney Tom Olsen: Welcome back everybody, my name is Tom. The name of the show is Olsen on Law right here on WDBO every Saturday between 11:00 and noon. I'd like to introduce you to Attorney Michelle. She specializes in family law, including divorce alimony, child support, and time sharing. Hello, Michelle, and welcome to be on the show.

Attorney Michelle Barry: Thank you for having me, Tom.

Attorney Tom Olsen: Hey, Michelle, I got an email question from somebody and made me think about you and this particular couple. They don't have any minor children, they've been married for 20 years, they own a home together, and the wife decides that she wants a divorce and asking the husband to move out of the home. How is that issue handled pending a divorce?

Attorney Michelle Barry: Well, it can be rather simple or can be rather complicated in the sense that obviously, both parties do have a right to live in that house if their names are on their which would be assumed that they are. They both have a right to stay in that residence or to the extent that somebody is becoming violent with the other, then possibly there can be an injunction place to get a violent party out. But barring that, normally the parties agree, somebody separates and moves out, tries to stay close by.

But at the same time, they both retain their rights to the house until it is adjudicated by the court. Or they can agree as to who's going to remain in the house, take responsibility for the payments of it, and then, of course, enjoy the benefit of remaining living there. They both have rights, but they also have the ability to make the decision themselves as to who's going to stay in and who's going to stay out.

Attorney Tom Olsen: Does that change if there's minor children involved?

Attorney Michelle Barry: Absolutely, because that in the end proscribes somebody just being told to leave because you've got time sharing issues. Both parents have rights to raise their children. You don't have one party that has more power than the other just by virtue of gender anymore. If you have children also you have a right to parent and stability in the home. Eventually, if one does leave the home, then the children should have the ability to be able to travel back and forth between both parents' houses.

Yes, that will make a difference in how the case is adjudicated and what the parties decide to do.

Attorney Tom Olsen: Hey, Michelle, tell the listeners how they can reach you at your office.

Attorney Michelle Barry: My office is reachable at number 407-622-4529 or the best way to contact me is via email. That is, michelle@mbarrylaw.com. That is my website, mbarrylaw.com. I look forward to hearing from you.

Attorney Tom Olsen: Thank you, Michelle. We appreciate. That's Attorney Michelle. She's a family law attorney right here in Orlando. You can reach her at her office at 407-622-4529 or mbarrylaw.com. My name is Tom, we're taking a break, we'll be back in just a few minutes.


Attorney Michelle Barry tells us of the different options available as to who lives in the home during the divorce proceedings.