Who gets to stay in the house?

If children are involved, the parent who spends the most time with the kids, or who provides their primary care, usually remains in the marital home with them. If you don't have children and the house is the separate property of just one spouse, that spouse has the legal right to ask the other to leave.

If, however, you don't have children and you own the house together, this question gets tricky. Neither of you has a legal right to kick the other out. You can request that the other person leave, but he or she doesn't have to. If you and your spouse don't come to a decision, the court will decide for you during divorce proceedings, or earlier if you ask for a temporary order on the issue.

If your spouse changes the locks, or somehow prevents you from entering the home, you can call the police. The police will probably direct your spouse to open the door and let you back in. When you both own the home, the only time you can get your spouse to leave is if your spouse has committed domestic violence and a judge grants a restraining order.

Typically, in a divorce litigation your divorce lawyer will have had requested for the temporary use of the home through a temporary restraining order or through temporary orders pending final trial on the divorce case.