Trying to figure out who gets the house in a divorce ultimately comes down to who can afford it. If you’re a stay at home mother with no income, it’s going to be impossible to pay for the mortgage on alimony and child support alone.
The responsibility of a house is more than just the mortgage payment because there are utilities, insurance, repairs and etc that contribute to the bottom line. If you are a working mother maybe you can actually afford the house, now you just have to figure out how to win the house in court.
Kick Out Your Spouse In The Mean Time
Ok, so maybe you can’t afford the house financially but that does not mean you cannot live in it until the divorce is finalized. One common situation that many stay at home mothers do is ask or force their husband to move out during the divorce process.
You will need to let your lawyer know that it is impossible to live with your husband and that he needs to move out until the divorce is final. If you do this legally, he will be forced by the court to pay the mortgage and all the utilities like he always has.
Since your husband is the sole income maker, it is still his responsibility to maintain the property, mortgage and utilities. There are many other dirty tricks you can use as well to force your spouse out of the home, but I would consult with your lawyer first since I cannot give you any legal advice.
Put Up The Bigger Fight
If you want to win the house, you need to have a game plan and a really good lawyer. Who gets the house in a divorce is ultimately going to come down to who can put up a bigger fight and prove to the court who needs and deserves it.
If you have children and you plan on having primary physical custody, this may be your biggest defense, because the courts do not like to disturb the child’s familiar surrounds and routines.