Who Has To Leave The House In A Divorce
Olivia Luz
However every person will have a different comfort level regarding staying in the marital home during the divorce process.
And realistically that would only happen if you were found guilty of domestic violence or if the judge determines that your presence is somehow detrimental to the safety and wellbeing of your spouse or children. You often make mistakes during your divorce that you pay for in the future. The top reason not to leave the marital home voluntarily is that it gives your wife s attorney the opportunity to label you as abandoning the family. State laws require marital property in a divorce to be divided either equally or equitably meaning fairly.
1 temporary orders 2 an order of protection and 3 an eviction. Even if you feel you are being bullied into leaving by your wife let me be perfectly clear. When a divorce turns ugly a spouse will go to drastic measures to force the other out of the house. If both spouses are on the lease or mortgage then both spouses continue to have a legal right to stay in the home.
You have no obligation to leave the home if your name is on the lease or mortgage. Divorce is a complicated and emotional time. Here is a list of the 9 things you should never do during a divorce. If you have to leave while attorneys recommend doing whatever you can to stay in the home situations could arise where you feel it is worth the risk to leave.
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Until the property is distributed in the final divorce order both parties have a right to be there. Take nothing when you leave your home and stay put. As a co owner you have as much right to stay in the house as your spouse does. Well if you leave the house the courts could demand that you pay for your spouse s bills including mortgage groceries car payments etc whatever you paid for during the marriage.
Technically once a divorce is filed and served the law does not require either spouse to leave the house right away. In some states your spouse has every right to ask a judge for spousal support if you leave the house before the divorce is finalized. Some states will authorize a status quo order which means during the divorce proceeding you must pay for whatever you paid for during the marriage. This often happens under one of three circumstances.
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