We’re not married. Who gets to stay in our home if we separate?
Question & AnswerWe’re not married. Who gets to stay in our home if we separate?
Agree to sell the home
You and your partner may agree to sell the home if you are both owners. Everyone who is an owner of the home needs to agree for the home to be sold, unless you have a .
If your partner is going to sell their share of the home to you, you usually have to qualify for a new mortgage without your partner. You and your partner also need to agree on how much you pay to buy the home. You can ask a real estate professional to help you agree on the value of the home.
If neither of you is going to keep the home, you should think about how to sell your home. For example, you might want to agree to have the home cleaned up and listed for sale by a certain date. You might also want to agree on a real estate agent to help you.
You should also include in your agreement what happens with the sale money from your home.
If you and your partner agree, or a court orders that the home be sold, the mortgage and real estate fees are paid first and then you and your partner divide the money that remains. You might not divide this amount evenly. It depends on what the title to your home says and what your agreement or court order says.
You can agree on who lives in the home or to sell the home in a separation agreement. Your can also deal with how to divide property, support, and . Decision-making responsibility and parenting time used to be called and .
If you and your partner cannot agree on who lives in your home and how to divide property, you can get help from a family law professional or go to court.
Because you may be giving up important rights by moving out of the home or signing a separation agreement about who lives in the home or can sell the home, you should talk to a lawyer.
If you can't afford to hire a lawyer for your whole case, some lawyers will provide “unbundled services” or “limited scope retainer” services. This means you pay them to help you with part of your case.
If you can't afford to hire a lawyer at all, you may be able to find legal help in other places.