When you and your spouse decide to divorce, you may wonder: who should move out? You cannot stand each other, so someone needs to go. Should it be you or your spouse?
Determining who should move out can be a difficult decision, as the marital home is likely the most important asset you have. If you have children, you may want to stay there to take care of them.Â
Keep in mind that nobody can be forced to move out of the marital home during the divorce. Until the divorce is finalized and a decision is made, both spouses can legally stay in the home, which can complicate things, especially if you are not on good terms.
One of the biggest factors in deciding to stay in the home is affordability. If you want the home, you will need to be prepared to take on the costs of owning it, which includes not only the mortgage, but also property taxes, insurance, and maintenance.Â
Homes are expensive to maintain. If neither of you can afford to keep the marital home on your own, then you will likely be forced to sell it. You will then split the proceeds.
Many people stay in the marital home during a divorce because they are afraid they will lose their rights to the home. This will not happen. Michigan is an equitable distribution state, so you will still have rights to the home. Judges understand that one person will likely move out of the marital home once a divorce has been initiated.Â
However, if there are children involved, moving out of the home could negatively impact your custody rights. You will need a valid argument as to why you moved out of the home. Having a lawyer on your side can help mitigate the effects.
Moving out of the marital home during a divorce brings about a tricky situation: the issue of abandonment, especially if there are children involved. Thatâ€™s because under the law, parents are responsible for caring for their children. If you suddenly leave the marital home with no plan in place to financially support your children, then you could be accused of abandonment. The one who leaves the marital home cannot be forced to return, but they will be held financially responsible for child support, alimony, and property division through a court order. To avoid the issue of abandonment, be sure to communicate with your spouse about your intentions before leaving.
Nobody can be forced to move out during a divorce. However, a spouseâ€™s intentions should be communicated with the other spouse to avoid abandonment and other issues.
Contact a divorce lawyer to understand how to best navigate this situation. The team at Lucido & Manzella, P.C. can help you understand your legal rights so you can make the best decisions regarding your home and other assets. Fill out the online form or call (586) 228-3900 to schedule a consultation.
We offer a free initial consultation so you will get an opportunity to meet us, and we will have an opportunity to learn more about your legal issue.
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