Well-intentioned people can sometimes share harmful advice with others preparing for divorce. Many people generalize divorce information and may not realize that their guidance is not accurate based on state statutes. Others may share misinformation they have previously heard without validating it first.
For example, quite a few people advise those preparing for divorce that they should not leave the marital home. They may claim that moving out during a divorce is the biggest mistake a spouse could make. Some people insist that moving to an apartment or into a spare bedroom with friends or family constitutes abandonment of the marital home.
Is it true that leaving one’s marital home eliminates a spouse’s interest in accrued home equity?
Moving out is not the same as abandonment
There is a degree of validity to the concerns people voice about vacating the marital home. There are some disadvantages that come with that decision. Spouses may lose access to personal property that they then need to replace, such as cookware and furniture.
Judges may consider living arrangements in addition to other family factors when making final determinations about property division. The person who currently lives in the home and any arrangements for shared parenting of minor children can influence what a judge decides to do with the marital home during litigated property division proceedings.
If you want to retain the home, it is usually just easier if you are the one living there. The spouse who leaves the home might have to fight an uphill battle if they want to regain possession of the home later in the divorce process. However, leaving does not eliminate or endanger your spousal interest in accrued home equity.
Under equitable distribution rules, each spouse has an interest in the equity in the home. Choosing to live elsewhere during the divorce does not automatically eliminate that interest. Particularly if the spouse who leaves continues to provide financial or practical support related to property maintenance and bills. The spouse remaining in the home is not in a position then to insist that the other spouse abandoned the property or the family.
Spouses who consider the long-term implications of the decisions made during a divorce can make choices that move them closer to their post-divorce goals. Discussing marital circumstances with a skilled legal team and learning about state law can help people choose the best steps to take as they prepare for an upcoming divorce.
At Solomon Law Firm:
“WE PROTECT YOUR RIGHTS”
www.solomonlawfirm.com
1-877-LAW-HELP
(603) 437-3700
(603) 626-0030