How to Stay in the Marital Home to Get 50/50 Custody While Getting a Divorce

Recently, I talked about my #1 rule for getting 50/50 custody of your kids.

That rule was: stay in the marital home with your kids.

Nothing helps secure 50/50 custody more than being around your kids and parenting them every day, especially through the divorce process.

Of course, for some staying in the home when you’ve decided to divorce is really awkward and difficult.

Most of the time, your ex will ask you to move out when you decide to divorce. He or she has had it and doesn’t want you in the same house anymore.

So, how do you stay in the home when your spouse wants you out?

Here are some tips.

  1. Be strong and stay the course.

Staying in the home when your spouse wants you out will be uncomfortable. He or she will yell at you, berate you, call you names, and be on you like white on rice to get out.

Don’t give in. You want 50/50 with your kids because it’s the best thing for them. Be strong. Stay the course. Think of your kids and don’t leave the home.

  1. If your spouse changes the locks, get a locksmith.

Often when you don’t leave, your spouse will change the locks to keep you out. It’s still your house and you have every right to be there, so go get a locksmith and get back in your home. The locksmith may want a police officer present when he’s picking the lock, and that’s fine. Explain the situation to officer and you’ll be fine.

  1. Don’t worry if your spouse calls the police to have you removed from your house.

Even more often than changing the locks, spouses will call the police and try to have you removed from the home simply because your spouse doesn’t want you there anymore.

Don’t worry. The police won’t remove you from the home. Tell them you’re going through a divorce and asking for 50/50 custody, so you won’t leave. If no crime has been committed, they’ll tell you to have a good day and walk away.

Call Brown Family Law

If you find yourself facing a Utah divorce or paternity situation, please call 801.685.9999 for an in-person consultation, or use our online scheduling tool.

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Daniel is guy who truly wants to help. Working with him never feels transactional. He truly does provide you with tailored solutions for divorce which is rarely a "cut and paste" situation. Thanks again for your help Daniel!
David and Dani were very helpful and made my case as stress free as possible.
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I’m so grateful for attorney Nicholas Schwarz and paralegal Carren Leavitt at Brown Family Law. From day one, they were ready to work with me immediately, making my case feel like a top priority. Their organization is exceptional, every detail was handled with care and efficiency. Most importantly, their commitment to communication stood out. They kept me informed every step of the way, answered questions promptly, and made sure I fully understood my options.

If you want a legal team that is proactive, organized, and truly dedicated to their clients, I highly recommend Nicholas and Carren at Brown Family Law.
They got my dovorce going and stayed in contact with me every week. Every step of the way anytime I had questions they were answered fast. They made it so much easier.
Clay was great to work with! He was very willing to explain everything I needed to know and helped me understand the options on my case. Very easy to work with.
Jennifer and Dani, as well the rest of the team went above and beyond when it came to my case.
I would highly recommend ‘Brown Family Law’.
My experience with them was exceptional.
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Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.
I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.
Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.
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