Jon Summers, a family lawyer in Los Angeles, answers:
Different factors come into play in determining which party should move out of the home, but in most cases, both parties have an equal right to occupancy. The situation does become more difficult when minor children are involved. Neither parent may want to leave for a number of reasons. For instance, the primary caretaker may not have the financial ability to vacate the home with the children. On the other hand, even if the parent who is not the primary caretaker has the financial ability to obtain his or her own home, he or she may be unwilling to leave voluntarily because that could mean leaving the children until there is a custody agreement in place.
Jon Summers is a Partner with Freid and Goldsman, and has 23 years experience practicing family law.