Should You Move Out? Decisions About The Family Home During Divorce.
Deciding to divorce is difficult enough without having to make an immediate choice about where to live. Moving out of the family home often seems like the easiest solution to avoid conflict. However, leaving the marital residence can have significant legal repercussions.
An experienced family law attorney can help you understand your options and protect your rights. Our firm’s founding attorneys have over 40 years of combined experience guiding our Ohio clients through these difficult decisions. At Baker & Wick LLC, our Columbus divorce lawyers are responsive, provide realistic expectations and offer one-on-one service to help you make informed choices.
What Should A Divorcing Spouse Consider Before Moving Out?
Deciding whether to move out of the family home depends on the facts and circumstances of your case. For example, in the event of domestic violence or abuse, your safety should come first.
If you do choose to leave the family home, you face two primary risks to your divorce case:
- Custody and parental involvement: Moving out can impact child custody arguments. If you leave your children in the marital home, you may unintentionally establish a status quo where the court views the remaining spouse as the primary physical custodian. This can make it harder for you to preserve parental involvement.
- Financial disadvantage: Leaving the home can limit your access to critical financial documents, mail and property needed for the divorce proceedings. This can hinder the negotiation process and create a disadvantage in property division.
Moving out of the family home should be a strategic decision, not a spontaneous reaction. Even if you are dealing with domestic violence and abuse, an attorney can help you determine if a protective order is appropriate in your case.
Does Moving Out Of The Marital Home Affect Ownership Rights?
Moving out does not necessarily affect your property rights or remove your name from the deed. In Ohio, if the home is marital property, both spouses have equal rights to home ownership, regardless of who lives there during the case. However, the spouse who stays in the home often develops a stronger emotional or practical claim to remain in it permanently.
If you move out, you may struggle to convince the court that you should be awarded the home in the final settlement. The court may view your decision to leave as an indication that you no longer require or desire the residence. Our experienced divorce attorneys can help you understand the different options in your divorce and weigh these risks carefully.
Consult A Columbus Divorce Lawyer
Navigating the emotional and legal complexities of the family home requires careful planning. Our family law attorneys can help you evaluate your options and protect your future.
To schedule an appointment with a compassionate and understanding divorce attorney, call us at 614-697-2627. You can also reach out to us by sending a message through our website.