Divorce causes significant financial strain and personal upheaval. Spouses who no longer intend to share their lives may find that every discussion leads to an argument. They may struggle to settle the terms of their divorce, including decisions related to property division and parenting responsibilities.
The prospect of living together for the duration of the divorce process can be very stressful. The divorce process could become more amicable if spouses minimize their interactions and focus on resolving practical matters, instead of seeking emotional vindication.
The decision to leave the marital home is one way to facilitate an amicable settlement and prevent divorce disputes from spiraling out of control. However, many people fear leaving their marital home, as it may be their most valuable marital asset.
Can the decision to move out mean that a spouse inevitably loses their shared house?
The marital home is often a marital asset
Married couples who own homes usually acquire the house together during the marriage. Therefore, the house is marital property, and the title is in the name of both spouses. Even in cases where one spouse may have owned the house prior to marriage or inherited the home, investments in the home during the marriage may give each spouse a partial interest in the equity accrued in the property.
Choosing to leave the home to minimize conflict does not eliminate a spouse’s interest in the property under equitable distribution rules. So long as they continue to uphold their financial responsibilities and continue to actively participate in the divorce process, they are unlikely to face claims of abandoning the relationship for the marital home.
Spouses who leave can request compensation for accumulated equity. They could also ask to retain certain assets or ask their spouses to take responsibility for more marital debts. In some cases, the spouse who leaves during the divorce can actually regain possession of the home after the end of the divorce negotiations. Every marital situation is unique, and therefore every divorce has different factors that influence the outcome of property division proceedings.
Consulting with a family law attorney can help people understand their rights and strategize for the best possible property division outcome. Spouses who choose to leave their homes during divorce can often still claim an interest in accumulated equity in most cases.