The marital residence is, in many cases, one of the two major marital assets (the other being the parties’ retirement assets). In these times, resolution of a divorce must consider not only the award of the residence, but also the ability of one or the other party to maintain the residence. If the dependent spouse will retain the residence, provision must be made for the ability of that spouse to maintain the associated expenses. However, in some cases the most economical solution is to sell the residence and split the proceeds in some fashion.
During the divorce process, the parties may continue to jointly share the residence, but in certain cases the court may award exclusive occupancy to one or the other spouse pending the resolution of the case. Exclusive occupancy may impact both the level of support paid and the custody provisions in cases where the parties have minor children.
You will want to consult with an experienced family law firm when contemplating divorce in order to know your rights, and those of your spouse, in regard to remaining in the marital residence.
Wilder Mahood McKinley & Oglesby can resolve your concerns about a marital residence in light of a divorce. For more information, contact us online or call our office in Pittsburgh, Pennsylvania, at 412-261-4040.
