Family Law Blog

What to Consider Before Moving Out of Your Marital Home

Friday, June 22, 2018

woman moving out of house

If you and your spouse have made the decision that divorce is the right option, there is a lot for both sides to consider. If the decision for divorce was made due to contention in the relationship, you may be eager to move out of the marital home to ease some of that negativity. However, before you do so, there are some considerations that you need to keep in mind. By simply moving out, you may be putting yourself at a disadvantage.

Ownership Rights

When you move out of your marital home, you aren't relinquishing your ownership rights, but it can affect how property is divided later. Furthermore, while not living in the home, you still have to maintain insurance and pay the mortgage. Only when the home is refinanced or sold does this take you off the hook. Your lender doesn't much care if you are living there or not.


When custody is decided, the courts will want to impact the child's life as little as possible. This can often mean they will want them to stay in the same home that they know. If your spouse is the only one living in that home, it may give them an edge in the custody battle.


This is probably the most important aspect to consider. You both may want one person to move out of the family home just for a little space to craft your new lives. However, divorces are expensive and you both might not yet have the funds to support splitting into another household. If you are paying rent for an apartment and a mortgage, it will severely drain marital finances, and no one wants that.

If you are starting the divorce process and need help making sure you get what is fairly yours from your dissolving marriage, contact us today.