House in both names

What is the name of your state? NY
My husband and I are planning on divorcing, and the home we live in is in both our names. Until the divorce is final, will the judge allow only one of us to stay in the home, or will I have to put up living with him until it is finalized?

He's probably saying the same thing about living with you.

And if he is, who cares. I asked for some advice, not some smart comment. It'd be better off if we didn't have to put up with eachother, is that better terms for you. And I don't really want our daughter to see us argue all the time.

The "easiest" way for one of you to move out w/o negative repercussions is to get a temporary order. That's what my ex and I did. It set out temporary custody and support arrangements, and with those my ex felt safe in moving out. You might want to explore that option.

Otherwise, learn to deal with each other. My ex and I did for 5 months while waiting for the temp order hearing. It wasn't easy, but it is possible. And that's even with a (significantly) less than amicable divorce.

Thank you stealth2. How would one go about getting a temporary order? Do we have to agree to getting one, or can I try to get one, how does it work?

Normally you'd file for divorce, and also file a request for a temporary order. I don't know the forms you need - I just had my lawyer do it. The two sides and judge come to an agreement on a temp arrangement, and go from there.

Ok, thanks again!