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Can we continue to live in the same house if we’re separated?

December 30, 2016 Blog

Sometimes when spouses separate, they wish to continue living in the same house. This is becoming increasingly more common, especially when the parties share children. Also, it may not be financially feasible for one of the spouses to find new living arrangements. When both parties agree to such an arrangement, it can be done and can often work without issue. However, in some circumstances, the parties cannot agree to remain living together and disputes may arise.

Disputes about living arrangements after a separation are quite common. Unfortunately, many people cannot agree and contentious environments may develop. Sometimes police intervention is required to control the situation. To avoid these types of issues, it is important that you take action immediately after a separation to reduce the chances of conflict. Taking action early on may help you avoid legal consequences and expense.

If you have recently separated and have concerns about living in the same house, you should consult with a family law lawyer to review the possible legal ramifications. An attorney will be able to assess the specific facts of your situation and can give you advice about what to do.

If both parties wish to remain in the house, but do not wish to both remain living together, then action may be required through the courts. A variety of factors may be considered in determining who should be allowed to stay, such as title to the home, each party’s financial situation, whether children are involved, how the home is financed, and whether fault is involved. An attorney can assist you with exploring the various legal remedies for such a situation.

If both parties agree to remain living together, you may need legal documentation to ensure that issues do not arise. This may include a separation agreement, rental agreements, and lease arrangements among other things. To avoid conflict, it would be beneficial to consult with an attorney to address possible issues before they arise.

When children are involved, an attorney can also assist with determining matters of child custody and support. While some parents are able to cooperate and co-parent, many still require written agreements or orders to ensure that there are rules. Also, because children have expenses, parents need to know how to determine who pays the expenses and in what portion. An attorney will be able to advise you about how the law treats this situations and can help you pursue the appropriate methods to prevent child custody and support disputes.

An experienced family law lawyer will be able to assist you with advice about how to handle issues related to your separation. They can explain to you the various options that are available under the law. They can help you pursue any necessary action through the courts and can draft agreements or other documents to protect your interests and to address issues before they arise. By working with an attorney, you will reduce the chance of greater issues arising.

If you have recently separated and want to explore the possibility of living in the same house, contact an attorney to discuss the situation.



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