Should I move out during my divorce?

| Aug 11, 2020 | family law |

Divorce can be a confusing time for a person. Every decision can impact the outcome of the divorce, which means it can affect your future. It is crucial to consider the consequences before making any decision in your divorce. So, can moving out of your house create problems for you in your separation?

Property division is a complicated area of divorce that can leave more questions than answers. A poor outcome in property division can leave you in a vulnerable position after your divorce. Your fight for the best possible outcome begins as soon as you start planning for divorce, and it begins with your home.

How divorce affects your home

Property division mostly looks at just marital assets when it comes to dividing between spouses. Marital assets are properties, financial accounts, and other valuable possessions that the couple obtained during the marriage. If your home is a marital asset, you can bet that it will come into question during the property division process.

If you are looking to keep your home after a divorce, do not leave it. A court may perceive leaving the house as abandoning it, and it can jeopardize your odds of winning it in the divorce. In addition to increases risk, it can also cost you more to relocate during a divorce. You are paying additional moving costs, rent expenses, and other rehoming fees area voidable if you stay in your home.

Do not take a chance with your home

There is no law stating that a relocated spouse automatically loses their home in a divorce, but that does not mean that there needs to be. A judge makes some critical decisions in a divorce based on the information they receive during the divorce. If a spouse “abandons” their home during a divorce, they jeopardize their chances of keeping their home.  

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