Divorce forces a lot of hard choices. For many, one of those choices is when to move out of the family home. If there are safety issues, like threats of domestic violence or child abuse, it’s always wise to move out ASAP. In absence of those issues, the best time to move out will depend on several factors, including:
Here’s a closer look at each of these factors and what you need to consider when you’re trying to figure out if you should stay or move out of the family home during a divorce.
Moving out can seem like the best option. It certainly means you’ll see your ex less, and it often reduces conflict between divorcing parties. However, once you leave the family home during a divorce, it’s usually not easy or possible to move back in. So, don’t move out without thinking about these things first.
If you move out, you’re going to have to pay for a new place to live, as well as the costs to move there. If you’re the breadwinner and your ex is staying in the family home, you may also have to pay for:
That can create a huge financial drain that some people don’t want to—or can’t afford to—take on during divorce.
It’s usually in children’s best interests to stay in the family home while a divorce happens (again, as long as there are no safety issues). It can minimize the potential disruptions to children’s lives.
If you move out of the house and the children stay there with the other parent, you could get less time with your kids as the divorce goes forward. You may even be making a case for your ex to argue that they are the main caregiver who should get primary or sole custody.
Homes are often some of the most valuable assets that divorcing couples own. When it’s time to decide who will get the home in a divorce, the party living in it and/or maintaining it can have a bigger claim to the home than a party who doesn’t reside in it or who hasn’t been helping to maintain it. So, if you do want the house as part of the division of the marital property, staying in it can help you preserve your interests.
Keep in mind, however, that if the other spouse does end up getting the house in the divorce, (s)he will likely need to buy out your interest in it or somehow compromise on other aspects of how the marital property split (so that the division is, ultimately, equitable).
Most divorce cases aren’t wrapped up overnight. They often take some time to work out the issues. For those who choose to move out of a family home as the process moves forward, that can mean limited (or no) access to items in the home during the divorce. If those items are financial documents or marital property, there could be additional complications, delays, or challenges in a divorce case.
How healthy is it for you to live in the same quarters as your ex? How soon do you want to get the next chapter of your life going? Although there can be some advantages to staying in a family home during divorce, don’t forget to consider the potential costs to your mental health and happiness.
Contact an experienced divorce lawyer at The Cossitt Law Firm, LLC. We offer confidential consultations, and we are ready to help you now.
Call (970) 488-1887 or email our firm for a 100% confidential consultation. Phone and Skype consultations are available!
At The Cossitt Law Firm, LLC, our divorce lawyers know how much can be on the line when it’s time to end your marriage. We also know how challenging it can be to make some of the big, tough decisions as your divorce case moves forward. That’s why we are proud to be here for those filing for divorce. We are exceptionally effective advocates known for tirelessly advancing our clients’ interests in divorce cases. Find out more about how we can help you by calling or emailing our firm today.
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