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You do not have to leave the matrimonial home.

If there is no concern regarding violence or mistreatment against the other spouse there will be no reason for a judge to order you to leave the matrimonial home during proceedings. 

Should you find it uncomfortable to remain and decide to leave you are virtually guaranteeing that your spouse will get the home upon settlement. If children are involved and the home is their primary residence - no judge will order them out. 

You may think that it was your monies and you paid the mortgage every month so why are you renting an apartment?  To you it makes sense to sell the house and reap the financial rewards.

 If your spouse is living in the home and wishes to keep it, she probably will. Although you may wonder how a mortgage can be obtained and all costs covered on her earnings it doesn't matter to the judge. Courts deal with the entitlement to remain in the home. What transpires between your ex and the bank is her business only.

 


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