Who keeps the house in the event of divorce? Rules, rights and solutions

During a divorce, the question of the family home is often one of the most sensitive. Who keeps the house in the event of divorce? Is it possible to stay in the marital home during the proceedings? Can the judge force a spouse to leave?
These are legitimate questions, as housing affects personal, financial and family stability.

As soon as the first steps are taken, it is strongly advised to consult a Toulon divorce lawyer in order to secure your situation and avoid prejudicial decisions.

The family home during divorce proceedings

What is the matrimonial home under French law?

The marital home is the dwelling in which the spouses live together and organize their family life.
In family law, it enjoys special protection: no spouse can dispose of it alone, even if he or she owns it.

This concept is directly related to family lawthe field in which divorce rules apply.

Can a spouse be forced to leave the house?

In principle, no spouse can be forced to leave the marital home without a court order.
A unilateral departure can, in certain cases, be reproached and have legal consequences, particularly in a contentious divorce.

The role of interim measures

During the proceedings, the family affairs judge may take provisional measures.
He may in particular :

• Temporarily allocate enjoyment of the home to one of the spouses ;
• Organizing the occupation of the marital home ;
• Set the financial terms and conditions for housing.

These decisions are central to conflictual divorces.

Who keeps the house if it belongs to both spouses?

Joint or undivided ownership: general principle

When the house belongs to both spouses (community or joint ownership), neither has priority on principle.
The property is considered to be joint real estate, regardless of the financial contribution of each spouse.

Temporary allocation of housing by the judge

The judge may provisionally allocate the dwelling to one of the spouses, in particular :

• In the interest of children ;
• To ensure family stability;
• Depending on respective resources.

This allocation does not imply transfer of ownership: it is temporary.

Free occupancy or occupancy indemnity

The spouse who remains in the house may be required to pay an occupancy indemnity to the other.
This issue has significant financial consequences and must be integrated into the divorce strategy.

Who keeps the house if it belongs to only one spouse?

Clean house before the wedding

If the house is your own property, acquired before marriage or by gift/succession, it remains the exclusive property of the spouse concerned.

Non-owner spouse’s rights

Even if the other spouse is not the owner, he or she can temporarily obtain the right to occupy the home, particularly during the proceedings, if the judge deems it necessary.

Special cases involving children

When the children live mainly with one of the parents, the judge may favor stability and allow this parent to stay in the house, even if it belongs to the other spouse.

Who keeps the house if I rent it out?

Lease signed by one or both spouses

In the case of rented accommodation, the situation depends on the lease:

• Lease signed by both spouses ;
• Lease signed by just one person, but used as a family home.

In both cases, the home benefits from specific protection.

Lease allocation after separation

The judge may award the lease to one of the spouses, taking into account :

• Children’s residence ;
• Resources ;
• Personal situation.

Consequences for rent payments

The allocation of housing also entails the payment of rent and utilities, sometimes supplemented by alimony.

The children’s role in the allocation of the house

Putting children’s interests first

The central criterion remains the child’s best interests.
The judge’s primary concern is to preserve their emotional and material stability.

Children’s habitual residence and housing

When the children live with one of the parents, he or she may be allocated the family home, at least temporarily.

Can we stay in the house just for the kids?

Yes, but only by decision of the judge.
The presence of children does not automatically authorize a spouse to keep the home without a legal framework.

After divorce: what happens to the house?

Sale of real estate

After the divorce, the house can be sold and the price divided between the ex-spouses according to their rights.

Redemption of the other spouse’s share

One of the ex-spouses can buy out the other’s share, with the compulsory involvement of a notary.

Link with compensatory allowance

The question of housing can be taken into account in the calculation of the compensatory allowancedesigned to restore financial equilibrium.

Why consult a lawyer about housing?

Avoid costly mistakes

Leaving the home without authorization, staying without paying compensation or blocking a sale can have serious consequences.

Defending your rights in court

In the event of a dispute, the assistance of a contentious divorce lawyer is essential to defend your right to housing.

Anticipating financial and asset-related consequences

Housing is often a couple’s main asset. The wrong decision can have a lasting impact on your future.

Why call on our Toulon office?

Expertise in divorces involving real estate

The firm is regularly involved in divorces involving houses, apartments and complex undivided interests.

Strategic and human support

Each situation is analyzed on a personalized basis, with an approach that is both legal and human.

Knowledge of Toulon court practices

Expertise in local customs is a decisive asset in this type of project.

Coordination with notaries and other professionals

The firm works closely with notaries and real estate experts when necessary.

Make an appointment or explain your situation.

FAQ – Who keeps the house in the event of divorce?

Can I stay in the house during the divorce proceedings?
Yes, but only with the spouse’s agreement or a court order.

Can the judge award the house to just one spouse?
Yes, on a provisional basis, particularly in the interests of children.

Do I have to pay compensation if I stay in the apartment?
Often yes, especially when the good is shared.

What happens if the house is in my spouse’s name?
You can sometimes stay there temporarily by court order.

Can children influence the decision?
Yes, their interest is a central criterion in the allocation of housing.