When you and your spouse part ways, there can be many heart-wrenching moments. Breaking the news to your kids about the demise of your marriage can feel crushing for all of you. Putting away the mementos of your relationship, such as photos from your wedding, may bring tears to your eyes. But one of the toughest considerations, and sometimes one of the most emotionally fraught ones, can be figuring out which one of you will still live in your home.
If you and your ex get along, then you can try to hammer out a plan that works for both of you and the children. If there is so much animosity between the two of you that having a civil discussion is impossible, however, then you will probably require other alternatives. If even that is not realistic, then a judge may make the determination for you.
Consider what is best for your children
You know your kids better than anybody. Would they want to continue living in the family home even after their parents split up? Would fresh domestic surroundings help them? Whatever the case, make their needs number one, with your own close behind.
What is taken into consideration if the court has to make the decision?
Massachusetts is an equitable distribution state. The court must act in a manner that is reasonable to each party. Still, that doesn’t necessarily mean everything is apportioned strictly down the middle, half to one person and half to the other. Many elements can come into play in this kind of decision.
For instance, if domestic violence is an issue, it’s likely that the person who was targeted will have the house. (The definition of domestic violence varies among states.). Whether you are financially reliant on your ex matters, too. That may be a circumstance that helps you. Another is if you are the parent who looks after your youngsters.
Familiarize yourself with your rights
Dissolving a marriage entails all sorts of practicalities, such as where you will live and what becomes of the house both of you shared. Know where you stand in regard to your rights throughout the proceedings.