Staying in the family home during your divorce may not be the most comfortable situation for you or your family. There are a lot of misconceptions and misunderstandings about whether you should leave the family home in this situation.
According to the Alaska Court System, whether you live in the home or not makes no difference when it comes to ownership rights and property division during your divorce. If your main concern is that you will lose your rights to the home, then you have nothing to worry about.
The court assesses your ownership of property based on when you acquired it. If you bought your home during your marriage, then it belongs equally to you and your spouse. The court will divide it fairly between you.
Division of property
When it comes to the family home, there are three general options for division. You can both retain your ownership in the home and share it, you can sell it and split the profits or one of you can buy out the other’s share in the home. In any situation, though, it does not matter who is currently living in the home. That has no effect on the legal ownership rights.
If you and your spouse cannot come to an agreement on what to do with your home, the court will consider where the children live and with whom when making its decision on how to handle it. If you leave and your children stay in the home with your spouse, then this might make it more difficult for you to obtain full ownership of it if your children would then need to move out.