They are both equal occupants with equal rights in that piece of real estate and everybody is entitled to have a roof over their heads. If there’s only one roof, then the spouses have to learn how to uncomfortably co-exist under that one roof while the divorce is pending. I find, as a matter of experience, though, that eventually everyone in the case appreciates that it is better to establish separate residences and so somebody does end up moving out.
John Harding is the principal of the law firm of Harding & Associates in Northern California. He practices family law litigation and divorce mediation exclusively.