This is something that will need to be negotiated between the spouses as part of your settlement.
If you are both committed to staying in the home, your divorce may get very ugly and the court will need to intervene.
If one or both of you are willing to move out, then the disposition of the house becomes a straightforward financial issue, and you will have to decide whether to sell it outright, calculate a pay-off amount of the non-resident spouse’s equity, or even whether to keep it as a rental property and share the proceeds and expenses as co-landlords.
If you have concerns about keeping your home or successfully negotiating your preferred outcome for marital property, call the Queens divorce attorneys at Zelenitz, Shapiro & D’Agostino at 718-523-1111.