Do I Lose Rights by Leaving Our Home?
Leaving the marital home during a divorce does not automatically mean you lose your rights to the property or the custody of your children, but it can impact your case in several important ways. It’s essential to weigh the pros and cons and take steps to protect your interests.
Here’s what to know before making the decision:
Property Rights
- Ownership Status: If the home is marital property, leaving does not forfeit your ownership rights. You still retain your legal claim to your share of the property.
- Division of Property: Courts will consider the overall division of assets during the divorce, and moving out does not mean you are giving up your interest in the home. However, your absence might complicate arguments for keeping the home after the divorce.
- Possession and Use: If your spouse remains in the home, they may request exclusive use of it during the divorce. While this doesn’t affect ownership, it could delay your ability to return during the proceedings.
Custody and Parenting Time
- Children Staying in the Home: If you have children and you leave without them, it could negatively impact your custody claim. Courts often prioritize stability for children, and the parent who stays in the home may be viewed as maintaining that stability.
- Shared Parenting: To maintain a strong custody case, ensure you continue regular parenting time and avoid any appearance of abandoning your children or responsibilities.
Abandonment Concerns
- Marital Abandonment: In some states, moving out without a clear agreement or court order might be perceived as abandoning the marriage or property. While “abandonment” is less relevant in no-fault divorce states, it could still factor into certain claims like financial or property decisions.
- Documentation: If you must leave, document your reasons (e.g., safety, mental health, or a mutual agreement) to protect against any allegations of abandonment.
Financial Implications
- Cost of Alternative Housing: Moving out might mean taking on additional expenses (rent, utilities, etc.), which could affect your finances and future spousal/child support obligations.
- Household Expenses: If you leave, you might still be responsible for contributing to the mortgage, utilities, or upkeep of the home until the property is formally divided.
Safety Concerns
- If there is domestic violence or the living situation is toxic, leaving the home may be the safest and most reasonable decision. In such cases:
- Seek a *protective order* or a court order for exclusive use of the home.
- Document any incidents that make the home unsafe.
Recommendations Before Leaving
- Consult a Lawyer: Before moving out, seek legal advice to understand the specific implications in your jurisdiction and case.
- Create a Temporary Agreement: If possible, negotiate an agreement with your spouse regarding custody, finances, and access to the home.
- Document Everything: Keep a record of your decision to leave, any mutual agreements, and your ongoing involvement with the home and children.
- Access to Belongings: Take personal and legal documents, sentimental items, and anything you might need while you’re away.