Family Law Blog

Moving Out During Divorce Doesn't Extinguish Homeownership Rights

Thursday, August 23, 2018

Man and woman arguing at home

Often one of the first steps of couples heading towards divorce is one party moving out of the shared home. Even if it is just separation, many find it easier to have a little space to think. So one party of a marriage may move in with relatives or find new housing altogether. However, it is important to remember that moving out of your home does not relinquish your homeownership rights.

Homeownership Rights

One of the most important considerations is that moving out of the home does not negate any lending agreements. If you agree beforehand that your spouse will take over payments, then that is one thing. However, if no agreement is made and you just stop paying because you think you are off the hook, then this can be a detriment to you if your name is on the mortgage. In fact, you will need to continue paying until the home is either sold or refinanced. Often this can help speed up a person's decision to divorce since it feels bad paying for a home you are not actually living in.

Furthermore, even if you move out of the home, if your name is still on the title of the home, you maintain the right to move back in if necessary. Often spouses heading for divorce are in a high emotion situation, so it is better to have space. However, if you cannot find a place to stay, your house is still very much your house until the divorce is finalized.

If you are getting a divorce, it is important to know your rights and responsibilities in the matter. You are still required to pay your mortgage, but you still have the right to live in your home. If you are heading for divorce and need help sorting out other rights and responsibilities as well as representation in the process, contact us today.