One question often asked is “who has to move” when parties are getting a divorce.  Oftentimes, both parties want to remain in the home.  The simple answer is the court will decide which party can have use of the home during the divorce process, and that decision is made by the Judge in the best interests of the family.  Plus, usually the parent who is granted custody of the children is awarded the use of the home until the divorce is granted and perhaps thereafter.

It is important to know that in the State of Louisiana a person cannot forced to remain a co-owner of immovable property, that is cannot be forced to own a home with someone else if they don’t want to.  Thus, divorcing parties either decide to sell the home or one parent must buy out the other parent’s interest in the home.

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