Should You Move Out Of The House

In most divorces, I tend to advise clients not to move out of the house in the beginning or middle of their divorce case. Generally, there are more reasons to stay than to leave but one answer does not apply to everyone as the facts on this question vary significantly from client to client. However, there are usually common elements.

1. If you leave and you are the primary income earner, be prepared to contribute to the carrying charges of the house or pay maintenance on top of your own living expenses.

2. If you have children and you leave without the children, you are substantially increasing the likelihood that the remaining parent will obtain primary residential custody of the children. Be prepared to pay child support although it may be at a lesser rate if you are also paying the carrying charges on the home.

3. You may cause the person who is in the house to lose motivation to settle the case because they are rid of you and still are having the house bills paid.

4. If the house is to be sold, you are losing your ability to readily be there when potential purchasers come to the house.

5. If you have children, you will need to have a parenting schedule.

6. Your stuff will still be there and you will not be (not counting your clothing and personal items).

7. If you don't have young children and can afford to live elsewhere, you may want to consider doing so if you just can't stand being in the same house together.

8. If you need to leave for your emotional and physical safety and have been unable to obtain exclusive occupancy of the house you may need to live where you are safe.

These are just some of the common considerations. Your situation is unique and should be carefully considered before making a major decision.