Who gets to live in the house while we are separated?

If the house was "community property"  (purchased during the marriage), then either spouse may apply to the court to be awarded the right to occupy the home pending the resolution of the divorce and property division matters.  The court, in making its decision, will take a number of factors into consideration, including but not limited to the stability of the minor children of the marriage.  The spouse that is not awarded use of the community home can ask that the court make the other spouse pay rent.  

 © Goff and Goff 2013