We’re divorcing. We have kids. Who has to move?

A lot of couples going through divorce do not have the money to keep separate homes, especially when kids are involved. While it may be cheaper to live under one roof until a divorce is final, it is not always easier. Maybe you cannot decide who will keep the home until a Judge decides.

If you and your spouse have decided immediately to live separate and apart during the divorce, who decides who gets to stay in the marital residence and who goes?

First, let’s look at the impact on the children. Children are going through a lot of changes through divorce and a stable home environment is very important. Is one parent going to be the primary caregiver? That parent may be better suited to stay in the house for the best interests of the children.

Finances are also important to consider. Does one spouse have a better ability to continue to pay the mortgage payments, utilities, and the other expenses of the home? Perhaps neither one of you is in the financial position to afford the mortgage (or rent) and expenses, then it may be necessary to consider selling the home.

Please know that every case is different. There is no right or wrong answer, rather the answer is something that fits your case, your situation, and your family.