Generally, when parties go through a divorce, the court will look at all assets and liabilities obtained and incurred during the marriage, and presume they are marital and subject to equitable distribution. This is a rebuttable presumption, and unless rebutted, the court will generally allocate and distribute the assets and liabilities on a fifty-fifty basis, regardless of how they may be titled. Unless there is domestic violence between you, the court is unlikely to make either of you move out until the case is disposed of. This is not necessarily what is best for all concerned, however, as living together in the same house while divorcing can be extremely stressful, especially if you have children together. Given the likelihood of divorce in your future, you should consult with an attorney to discuss the specifics of your situation and your options.
Answered on Aug 03rd, 2015 at 10:36 AM