Please ensure Javascript is enabled for purposes of website accessibility

GillespieShields is committed to providing access to exceptional legal services throughout the current coronavirus (COVID-19) crisis. The firm is providing a reduction on all professional fees for new hourly matters through May 1, 2020. Please call our intake team today, 602 870 9700. Learn more

When Filing For Divorce, Who Moves Out?

When most people think about filing for divorce, they automatically imagine one person moving out of the family home. But is this always the case? And who gets to make that decision? This article will explore some of the factors that can influence who moves out during a divorce. So if you’re considering splitting up with your spouse, be sure to read on!

When Filing For Divorce In Arizona, Who Moves Out?

There is no simple answer to this question, as each divorce situation is unique. In general, however, the spouse who wishes to remain in the family home will need to file a petition with the court and request that a judge issue an order allowing them to do so. If the other spouse does not agree to this arrangement, they may choose to move out on their own accord. Ultimately, it is up to the judge to decide who gets to stay in the family home during and after the divorce proceedings.

What Factors Affect The Court’s Decision To Allow A Spouse To Keep A Home When Filing For Divorce?

If you and your spouse are considering divorce, you may be wondering who will get to stay in the family home. Unfortunately, there is no simple answer to this question. In Arizona, the court will take a number of factors into consideration when making a decision about who gets to keep the family home in a divorce.

Some of the factors that the court will consider include:

Who Bought The House And Where Did The Money Come From?

If a couple decides to divorce, one of the first things they may need to decide is who will move out of the family home. Often, this decision is made based on practical considerations, such as which spouse has a job that requires them to live in a certain location. However, there may also be legal implications to consider.

In many states, the court will take into account who owns the home when making decisions about property division and spousal support. If one spouse owned the home prior to the marriage or inherited it from a family member, the court may be more likely to award it to that spouse in the divorce.

The court may also look at how much each spouse contribute to the purchase of the home and whether one spouse contributed more than the other. For example, if one spouse paid for the down payment and the mortgage payments while the other spouse stayed at home with the children, the court may consider this when making decisions about property division.

Who Pays For The Mortgage And Other Bills?

For the court to make a decision on who gets the house in a divorce, it is important to know who pays for the mortgage and other bills. This helps to determine which spouse has the ability to keep up with the payments and maintain the home. If one spouse is unable to make the payments, then the other spouse may be given the house. 

However, if both spouses are able to make the payments, then the court will look at other factors to decide who gets the house. These factors can include who has custody of the children, who has been living in the house longer, and what each spouse’s financial situation looks like. Ultimately, it is up to the court to decide who gets the house in a divorce.

Are There Minor Children Involved?

If you and your spouse have minor children together, the court will usually award the family home to the parent who has primary custody of the children. This is because the court believes that it is in the best interest of the children to have stability and to remain in their family home. However, if the other spouse can prove that it would be in the best interest of the children to live with them, then the court may award them the family home.

Does Community Property Affect The Decision Of Who Gets The House In A Divorce In Arizona?

The state of Arizona is a community property state. This means that all assets and debts acquired during the marriage are considered jointly owned by both spouses, regardless of who actually earned or incurred them. Therefore, in a divorce, these assets and debts must be divided equitably between the two parties.

This can often lead to the question of who gets to keep the family home in a divorce. The answer to this question is not always straightforward, as there are many factors that must be considered. For example, if there are minor children involved, it may be in their best interests for one parent to remain in the family home in order to provide stability for them. Alternatively, if one spouse has significantly more income than the other, it may be more equitable for the lower-earning spouse to keep the home.

Ultimately, the decision of who gets to keep the family home in a divorce will come down to what is considered to be fair and equitable under the circumstances. If you are considering divorcing your spouse, it is important to speak with an experienced Arizona divorce attorney who can help you understand your rights and options under the law.

If you’re considering filing for divorce, one of the most important decisions you’ll have to make is who will move out of the family home. This can be a difficult decision, but our team can help make it easier. Give us a call today and we can discuss your specific situation and provide some recommendations. We want to help you get through this tough time as smoothly as possible.

Are You Looking for a Family Law Attorney You Can Trust?

The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way.  During our private, one-on-one consultation, we’ll take the necessary time to answer any and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!

Disclaimer 

The materials available on this website are for informational and entertainment purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.  You should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice. The information presented on this website may not reflect the most current legal developments.  No action should be taken in reliance on the information contained on this website and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law.

0 Comments

Submit a Comment

Your email address will not be published.

Contact Us


Phoenix Location

7319 North 16th Street, Phoenix, AZ 85020 | 602-870-9700

Mesa Location

1630 S. Stapley Drive, Suite 212, Mesa, AZ 85204 | 480-985-4000

COPYRIGHT ©1985-2022 GILLESPIE SHIELDS | ALL RIGHTS RESERVED | PRIVACY POLICY | ACCESSIBILITY

Share This