No. The deployment alone is not the only factor the court considers. The court’s going to consider a lot of different things: they’re going to consider whether the person that is leaving the home is able to pay for the mortgage, whether they can pay for the utilities, and whether they can afford it. If they have done something to hurt the home, that can be a factor. Just because you can’t live in it does not necessarily mean your spouse gets it. A lot of times, that is what happens just because it’s easier that way, but that is not the only thing the court considers, so don’t just give up easily. Make sure that you know you’re looking at all your different options and you’re talking to your attorney about what you want to have, because I have a lot of cases where the house will be used by a different family member or something like that until the military member gets back.
Ginger L. Dugan, a family lawyer at All Family Law Group in Tampa, Florida, has 10 years of experience in family law and handling complex cases.