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Do I get to stay in the family home during the divorce?

On Behalf of | Dec 17, 2021 | Property Division

The thought of moving can be scary, especially during a divorce. This is why the family home becomes such a hot topic, even pre-divorce. Both spouses want to know who gets to live in the family home during the divorce. And, the answer, in most situations, if not all, is both spouses.


For those whose family home is a rental property, then both spouses are likely on the lease. This means they both have equal right to utilize the property. Unless there is some domestic violence and a restraining order granted, those rights are not changed when the spouses begin the divorce process. The couple can ask to be moved to separate single units, if they are at an apartment complex, but other than some allowance by the landlord for separation that is agreed to by both spouses, the living arraignments, legally, remain the same.

Homes purchased during marriage

For family homes purchased during a marriage, one or both spouses will be on the title, which is the document of ownership in a home. When both spouses are on the title, they share equal rights. Though, even if only one spouse is on the title, since Louisiana is a community property state, the home is nonetheless jointly owned. This means that both spouses have equal rights to the property.

Homes purchased pre-marriage

If the home was paid for by both spouses or from community funds, it is likely that the home will still count as marital property. This would give both spouses equal rights, and, even if it were possible to maintain a family residence without co-mingling marital assets (highly unlikely), the spouse not on the title would still have tenancy rights. This means that the spouse that is on title could only kick out the other spouse through a legal eviction.

What does this all mean?

For our Louisiana readers, this all means that, if one wants to keep living in the family home during a divorce, they likely can, regardless of what the other spouse says. Until a judge rules otherwise, it is still both spouse’s home.