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dads divorce law marital homeIf you’re in the midst of the divorce process, you probably aren’t getting along with your spouse very well, and this can make sharing a home very difficult. As you plan for the changes that you’ll be making in your life, you’re probably considering finding new living arrangements. However, moving out could result in legal and financial issues that may affect you going forward, so you’ll want to discuss these concerns with your divorce attorney to make sure you understand your rights, your options, and the best ways to proceed.

Exclusive Possession, Property Ownership, and Child Custody

You may expect that you and your spouse will be selling your home during your divorce. If you’re planning to move out, your ex may wish to continue owning and living in the house. This can ensure that your children can keep attending the same schools while maintaining relationships with friends and others in the community. However, if you move without ensuring that issues related to homeownership and marital property are addressed properly, this could lead to complications that affect your divorce and your finances.

As long as your name is on your home’s title and mortgage, you will have financial responsibilities toward the property. This means that even if you have signed a lease on a new apartment or another type of home, your ex may ask that the court require you to continue contributing to mortgage payments and other living expenses, such as utility bills or property taxes. Before moving, it is best to make sure the proper arrangements are made and that your obligations toward the property are addressed in court. By ensuring that your name is removed from the home’s mortgage, you can also avoid potential conflicts that could affect your ability to buy a new home in the future.

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