Do I Have To Move Out If We’re Getting Divorced?

One concern for divorcing couples that own a home is whether or not they need to move out of the marital home.

Most of the time, the situation is dependent upon the specific couple and their needs and nature of their divorce. In most Wayne County divorce cases, it is not wise to leave the house permanently, as this can look like abandonment to the court. However, some couples make cohabitation during divorce work.

If Spouses Agree, The Marital Home Can Be Exclusive To One Spouse

There are some circumstances where the spouses will agree to simply allow one spouse to stay in the home and the other spouse will not use the home.  This happens most often where the couple or their family own a second residence that one of the spouses can move into without incurring new additional rent or mortgage costs.  One of the problems facing most couples that are going through a divorce, is that if one person moves out, then that will immediately significantly increase the parties expenses because of rent and other costs associated with the additional residence.  This is problematic in some situations because the parties cannot afford these additional costs or one spouse does not believe that the expenses are worthwhile and will not agree to use “marital funds” to pay for it.

Occasionally, The Court Will Order One Spouse To Leave The Marital Home When They Both Do Not Agree

Should you move out of your home during a divorce?

The typical situation where the court will order one spouse to vacate the marital home is where there is a threat of physical violence to one of the parties if both remain in the home.  Usually the court will require more than just verbal abuse except in very serious situations.  In some cases where it appears that the parties can afford to support the additional residence, then the court may order one party to move out even in cases where it does not rise to a threat of imminent physical violence or harm.

Another situation where the court might order that one spouse move out of the home is where there is untreated mental health issues or where one spouse is refusing to take prescription medications as this can result in a very volatile situation.  However, in most situations, if one spouse objects to moving out, the court will be very leery of granting an order for the other spouse to have exclusive use of the marital home.

Nesting Is A Third Option To Handling The Marital Home In Divorce

One other solution that works in some situations is referred to as “nesting” and it is typically used in cases where there are minor children.  With “nesting” the two parents will rotate in and out of the marital residence while the children stay in the home.  Typically the parents will stay with a relative or friend or sometimes in a rented apartment when it is the other parent’s scheduled time in the marital home with the children.  This can work in the short-term but typically it is not a long-term solution, usually the spouses will do this until the case is resolved and the house is sold or one spouse is able to “buy-out” the other spouse’s equity.

Have questions about your marital home and divorce? Contact The Mitten Law Firm today!