Getting divorced in Minnesota can expose you to many issues you have never considered. One may be the question of who gets to stay in your home. In many cases, one of the spouses will be expected to vacate the premises. But if there are questions related to ownership of other issues, it may be less easy to say who should get to stay.
Who gets to stay in the home?
Divorce is an issue that can lead to some very contentious negotiations. One of them may well be who can stay in the home during and after the end of the marriage. This can become even more complex when you are listed on the real estate agreement.
From a strictly legal standpoint, you can stay in the home if your name is listed on the lease or on the title. However, this often proves to be impractical. The natural impulse of many divorcing spouses is to want to be as far away from each other as possible. As a result, one spouse may try to do everything they can to get the other spouse to exit.
If you are divorcing due to domestic violence, the situation is different. In this case, you can get a restraining order that compels your spouse to avoid coming into or near the home. To obtain this, you will need to file for an official restraining order or an order of protection from your local court.
Whose name is on the title?
It matters whose name is on the title for the real estate that you own. You may have bought the home before you married and didn’t add your spouse’s name to the title. In this case, you have a better chance of being able to stay in the house.
If both of your names are on the title, you may consider selling the home and splitting the profits. You may also consider buying out your spouse’s share of the property. These are compromise solutions that will help you settle this potentially thorny issue.
