So you’ve decided to get a divorce and one of the things that you are most concerned about is who gets the house?

Can you make your spouse move out?

Unfortunately there are very limited circumstances where you can make your spouse move out of the house.  While you may not be able to stand the other person or be in the same area, Utah law generally does not allow you to kick out your spouse.  If you feel like you have a very compelling reason to have your spouse removed from your home, please consult with your attorney.

What will happen to my house when the divorce is finalized?

This is a very common question that many people here in Utah are concerned about.  There are several factors that a court is going to look at when determining who gets the house.  In short, the court is going to look at what is best for the children.  Utah courts recognize that children are oftentimes the ones who suffer the most in a divorce proceeding.  It is for that reason that the court will oftentimes focus in on what is best for the children.  In this case, the custodial parent is likely the one who will be allowed to stay in the home with the children.  The court wants to minimize the impact of the divorce on the children as much as possible.

Should the court allow the custodial parent to remain in the house, the other parent isn’t out the equity or an equitable share in the property.  The court may place a lien on the home should the other party sell the home and/or the court may take into account the value of the home into calculating its support award.

At the end of the day, there are options for protecting your interest in your home in a Utah divorce.  The rules and procedural process is complicated so please feel free to contact your Utah Divorce Lawyer Michael Steck today at 801-505-9202 for a free consultation.