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Love Court Off the Record

In the podcast, Love Court Off The Record, we look at specific legal questions regarding all family law matters. From child custody to child support to divorce. We also take a humorous look at divorce. It does make people go crazy!!

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Love Court Off the Record

Who Gets the House During a Divorce?

April 20, 2026 • Anderson Keuscher Brachmann

0:00 | 3:03

“My spouse and I are separating, and we both want to stay in the family home. I think the kids need stability and shouldn’t have to move, but my spouse says since they’ve been paying most of the mortgage, they should get the house. When a couple separates, how does the court decide who gets to stay in the home?"

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In this episode of Love Court, divorce attorney Jessica Anderson answers a listener’s question about one of the most emotional issues in a separation: who gets to stay in the family home. When both spouses want to remain in the house—especially when children are involved—it can quickly become a major point of conflict.

Jessica explains how courts evaluate temporary possession of the home during a divorce, including factors like the best interests of the children, financial responsibilities, and maintaining stability for the family. She also discusses why the spouse who pays more toward the mortgage does not automatically get the house, and how judges often balance practical considerations when deciding who stays in the home while the case is pending.