Who Gets To Stay In The Family Home During A Fort Lauderdale Divorce?

When a marriage ends, one of the biggest concerns is who gets to stay in the family home. For many people in Broward County, their house represents significant investments of time and money and provides a sense of security, stability, and safety, particularly if there are children involved. However, during a Fort Lauderdale divorce, that same home can become a legal and emotional battlefield.

Wondering who gets to stay in the family home while your divorce is pending? The answer depends on several factors. Our experienced Fort Lauderdale divorce lawyer can help you understand your rights, what the court considers fair, and how to protect your living situation throughout the process.

Getting a Fort Lauderdale Divorce? Factors That Determine Who Stays in the Home

Under Section 61.075 of the Florida Statutes, spouses have equal rights to marital property during a Fort Lauderdale divorce until a final judgment determines how it is divided. However, judges in Broward County may issue temporary orders determining who will live in the home during the divorce process. Factors they consider:

• To reduce conflicts and provide stability, judges often prefer to keep children in familiar surroundings during divorce proceedings.
• If one spouse can’t afford to live elsewhere, the judge may grant them temporary possession.
• Whether the home is jointly titled or owned by one spouse before marriage can matter during divorce proceedings.
• If your spouse is guilty of threats, harassment, or abuse, the judge may order them to vacate the property.
• If both parties agree on temporary living arrangements, the court usually honors it.

It is common during marital difficulties for one spouse to leave the home, but don’t take this step impulsively. Keep in mind that moving out, even temporarily, may unintentionally weaken your position in later property discussions.

How to Protect Yourself During a Fort Lauderdale Divorce If You Remain in the Home

If you stay in the family home during Broward County Family Court divorce proceedings, taking practical steps to protect yourself can prevent future conflict. Our Fort Lauderdale divorce lawyer recommends:

• Be respectful and avoid arguments or anything that could escalate tension between you and your spouse.
• Keep communication in writing for clarity and protection.
• Keep track of and document household expenses to show your contributions.
• Avoid major financial or property changes (such as refinancing or selling assets).
• Request a temporary order for exclusive use and possession if necessary to prevent conflict or harassment.

These actions demonstrate good faith, something judges look for when resolving disputes in a Fort Lauderdale divorce.

Worried About the Family Home? Talk to an Experienced Fort Lauderdale Divorce Lawyer

Determining who gets to remain in the marital home during a Fort Lauderdale divorce is rarely easy, but you don’t have to navigate it alone. At Vanessa L. Prieto Law Offices, we help clients throughout Broward County protect their homes, finances, and peace of mind. For trusted guidance and fierce legal representation, contact our office and request a consultation today with our experienced Fort Lauderdale divorce lawyer.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

browardclerk.org/Divisions/Family