Should I Move Out Before my Divorce is Finalized?

A divorce can be an emotionally tumultuous period, and as such many people will opt to separate, with one spouse moving out to attempt to get away from the stress and difficulty of dealing with their soon-to-be ex outside of the courtroom as well as in it. However, in some circumstances we see people who refuse to move out of their home in fear that they may lose some of their claim to possession of their property.

Straight away there is something anyone who is currently going through a divorce should know: moving out of your home does not limit your claim to possession of any of your property in any way. If you are at home and dealing with emotional or even physical abuse as part of your divorce, you should get out straight away, and speak with the court about filing for temporary protection. This can help protect your safety and provide you with much-needed stress relief.

Asset Division in Divorce

When you move out from your home, you are not releasing your claim to any of your possessions, particularly in instances of abuse. However, the expenses involving the home, including the mortgage payment and many of the bills involved will continue to be the legal responsibility of the spouse whose name is attached to the home. Because of this, they will most likely be awarded possession of the home after the divorce finishes. However, the things within the home do not come with the home itself.

In order to get the home, they will also likely need to give up a number of other concessions, such as a car, spousal and child support values, and even home possessions like furniture and appliances. The costs of getting the home can be tremendously high.

Child Custody

Because repeated change can be difficult for children, especially on such an extremely short notice, the court will create a temporary custody order for a family in order to provide them with some stability. In many cases, this calls for allowing the children to remain in the family home to minimize disruption. However, before moving out, it’s important to create a written agreement specifying that by leaving the home you are not surrendering your rights or claims to child custody.

If you are currently going through a divorce and need representation and legal counsel assistance, contact the skilled Rocklin divorce attorneys at the Myers Family Law today. Our team of experienced lawyers have earned numerous accolades, including Board Certification in Family Trial Law, demonstrating our aptitude and excellence in client service.