Does Leaving the Marital Home Mean Giving It Up?

Going through a separation or divorce can lead to people wondering what will happen to the marital home. If you’re considering leaving the home during the separation process, you may be curious whether that decision could impact your rights to the property.

Does moving out mean you’re giving up your claim to the home post-divorce? The answer is not as simple as yes or no. There are several factors to keep in mind, so it’s important to talk to an Orlando family lawyer about where you are today and what you want your future to look like.

Should You Stay in the Family House?

The act of moving out of the marital home during a separation does not automatically mean you’re giving up your right to the property. In a divorce, the division of marital assets, including the home, is typically decided based on several factors, such as the length of the marriage, each spouse’s financial contributions, and whether the home was owned prior to the marriage or purchased jointly. Simply relocating does not erase your legal ownership of the property if you have a rightful claim to it.

Of course, there are also situations where moving out could complicate your claim to the home. For example, if you leave the home and do not continue to contribute to mortgage payments or maintenance, the other spouse may argue that they have a stronger claim to the property because they took on the full responsibility for its upkeep. It’s also important to note that remaining in the home may give one spouse an advantage in negotiations.

It is an extremely personal decision when a person moves out, but it’s essential to recognize that impulsive moves can complicate your long-term goals. If you want to retain ownership of the home after the divorce, staying could demonstrate to the court that you have a vested interest in maintaining the property. Additionally, if you have children, the court may consider the stability of their living arrangements when determining who gets the home.

Can a Lawyer Help Me with Property Decisions?

When considering moving out of a Florida home you share with a spouse, have a discussion with an Orlando family lawyer. An attorney can help you create a plan that protects your claim, such as entering a temporary agreement with your spouse about the home’s use during the separation. Legal professionals also are skilled in gathering evidence to demonstrate your financial and emotional investment in the home.

Should your separation move into divorce negotiations, your lawyer can work through an equitable property division agreement with your spouse’s legal team, ensuring that you don’t lose out on your fair share of the marital assets, including the house you lived in while you were married.

Were you planning to leave your spouse but changed your mind because you want to retain ownership of the marital home? Consult with the family law attorneys at Donna Hung to make informed decisions and ensure your rights are protected. Call 407-999-0099 or contact us online to get started.