What Happens if I Move Out of the Marital Home Before the Divorce is Final?

If you are thinking about separating or divorcing your spouse, it is common to wonder whether you would relinquish rights to the marital home if you move out.

It may very well be healthier emotionally for one of you to move out during this tumultuous time, especially where there are children.   You can feel secure in the knowledge that if you do decide to move out, you would not automatically forfeit any right to share in the equity of the home or in the proceeds if the house is to be sold.

Keep in mind, however, that if you do move out and remain out of the home for any significant length of time, a court would likely recognize that your spouse has a right to privacy in the residence, particularly if your children are also living there.  Children generally need stability and security in their surroundings that could be jeopardized if you are regularly coming in and out of the house.  The best thing to do is to recognize and respect this by arranging with your spouse in advance for a mutually convenient time for you to come to the home.  This is also likely to demonstrate to your children that you and your spouse are still able to show courtesy and respect for one another despite a pending divorce.

Please forward this information to those who might find it helpful.

 

 

 

 

 

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