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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5267
Experience:  Licensed to practice before state and federal court
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I would like to know if i file for divorce will i have to

Customer Question

i would like to know if i file for divorce will i have to leave my home when we both own but im not on the morgage
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: south dakota
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: i just would like to know how to portect myself durring the process
Submitted: 5 months ago.
Category: Legal
Expert:  Legal Eagle replied 5 months ago.

Hello! My name is ***** ***** I am an attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question? By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

Expert:  Legal Eagle replied 5 months ago.

The answer to your question is it depends. Typically, couples will fill out a Marital Settlement Agreement to determine who gets what property. If in your agreement you decide to leave, then you can leave. If you agree that you get the house, then you stay. If you can't agree, then you will go to court. There, a SD family court judge will determine who should get the house. They will weigh factors like who is listed as the owner of the property; who is working; and if there are any kids that live in the home.

Expert:  Legal Eagle replied 5 months ago.

Follow up questions are free so did you have any additional questions? If not, were you satisfied with my service today?

Expert:  Legal Eagle replied 5 months ago.

Follow up questions are free so did you have any additional questions? If not, were you satisfied with my service today?