We all know there are seemingly countless decisions that need to be reached while in the process of a divorce. In an ideal world, both spouses are able to work together and make compromises on the decisions, whether it is child custody, alimony or property division. More often than not, though, there are varying opinions on what is fair or in the best interests of the children. This is when the courts generally have to step in.

While decisions regarding child custody are often the most heated and contentious, it is not uncommon that spouses also have differing opinions regarding property division, often specifically about who gets the house. If there are children involved, the courts are likely to give the home to the custodial parent. The mindset behind this is to preserve the child or children’s best interests. This is often done by making efforts to minimize the changes in a child’s life. Obviously, more often than not a child’s home is a place of safety and security.

For instances where there are no children, things can get a bit trickier. Generally, neither spouse has the authority or legal right to ask the other spouse to leave. This also means it is illegal to lock out the other spouse. During these situations, it will be left up to the courts to decide.

If you are about to be involved in a divorce battle dealing with property division disagreements, including a battle over your home, it is often in your best interests to prepare yourself by finding an experienced and skilled lawyer familiar with family law to help you along.