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Should you leave the marital home before your divorce?

On Behalf of | Jan 3, 2023 | Divorce

When you file for divorce, it may seem natural for one person to move out of your marital home before the process is finalized. This is especially true if your divorce is contested or you and your spouse cannot get along. 

Before packing your bags, it is important to consider the possible outcome and consequences of doing this. If you move out, it may impact your divorce settlement in several ways:

The impact of leaving your marital home on your divorce

During a divorce, several issues must be negotiated and decided. This includes things like property division, spousal support, child custody and child support. If you move out of the home before these issues are settled, it may impact the outcome. 

The impact of moving out on child custody

If you and your spouse have minor children and you move out of the house while leaving your children in the house with your spouse, it may send an unintended message to family court. It may show the court that you believe your spouse is a capable parent, which can work in their favor during a custody hearing. 

The impact of moving out on home ownership

Moving out of your marital home may also result in your spouse filing a motion to acquire exclusive rights to the property. If this is successful, you must request permission to return to the home. 

The impact of moving out on your financial situation

The cost of renting and furnishing a new home can be significant. If you have a mortgage on the existing home, you may still have to help pay it. This means you must support two households, which can create financial strain. 

Understanding your rights related to the marital home

In some situations, it is best to remain in the marital home until the divorce is finalized. It is smart to consider the factors here and know your legal rights to make the best decision. 


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