My spouse and I want to divorce but remain living in the home until our children are out on their own. Can we divorce now and divide our assets at a later date, i.e. when the kids move out and we decide to sell the house? We agree that everything will be divided equally.
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You can apply for a divorce even though you are living separate and apart but under the same roof. There is a limitation of two years from the date of the divorce to divide your property. If you do not resolve the property division issue within those two years you may not have standing to make that claim. But, yes you can divorce and then divide property.