Can I move out of the house prior to getting a divorce? 16 Answers as of May 21, 2013

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
Yes you may. Moving from the house does not constitute abandonment of any rights or claim you may have to equity in the house. You are always best served by consulting with an experienced family law attorney prior to taking any actions regarding a dissolution of your marriage.
Answer Applies to: Arizona
Replied: 5/21/2013
The Houser Law Firm, P.C.
The Houser Law Firm, P.C. | A. Bowden Houser
Sure. Of course I am assuming you are concerned about the effect of that on your divorce - there may be some effect. In that case, it depends on where you are in the divorce process and where you are moving to. If your divorce has already been filed, you can move where ever you want. If your divorce has not been filed you can move anywhere in North Carolina with no effect but if you move out of state prior to filing you will not have jurisdiction unless your spouse has lived in NC for at least the immediate 6 months prior to filing. Aside form that the only other effect moving will have is presumably it will take you longer to get back and forth to court.
Answer Applies to: North Carolina
Replied: 5/21/2013
Reade & Associates
Reade & Associates | R. Christopher Reade
Yes you can vacate the property prior to the divorce being filed.
Answer Applies to: Nevada
Replied: 5/20/2013
Henry Lebensbaum | Henry Lebensbaum
Yes.
Answer Applies to: Massachusetts
Replied: 5/20/2013
Law Offices of John S. Keating
Law Offices of John S. Keating | John S. Keating
Yes, you can move out of the house before a divorce, although you will still be liable for your share of the expenses (and also for child support, if there are children) unless/until you initiate the divorce proceedings and obtain a temporary order that governs these matters while the case is ongoing. It is often better, however, to have your spouse move out of the house rather than yourself, if you can convince your spouse to leave. The person who remains in the house sometimes has more leverage, when it comes to the division of marital property and other financial matters, than the person who leaves the house. It's not worth getting into a fistfight over it, but I would suggest that you see if your spouse is willing to leave before you just pick up and leave. If you have any questions about the above, or decide to retain counsel, please feel free to contact me.
Answer Applies to: Massachusetts
Replied: 5/20/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Yes.
    Answer Applies to: Idaho
    Replied: 5/20/2013
    Burton & White | Gary R. White
    Yes, you may move out of your home before filing a petition for dissolution of marriage, but there may be good reasons for you to remain in the residence, depending on your specific circumstances.
    Answer Applies to: California
    Replied: 5/20/2013
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    Of course. At a minimum it's 90 days from the date of filing before a divorce can be final. It would be a horror to have the parties live together during that time. That said, unless you have a court order requiring the other party to pay the whole mortgage, as to the bank, if your name is on the mortgage you can still be held responsible for paying it. Make sure the other party is paying so you don't go into arrears, which would be a negative on your credit.
    Answer Applies to: Washington
    Replied: 5/20/2013
    Jack Moser Law
    Jack Moser Law | Jack L. Moser, Jr.
    In Ohio a married person is not prohibited from moving out of the marital house. However, the person moving out of the house may face charges of abandonment (if it's been longer than a year), extreme cruelty (the remaining spouse can argue financial or emotional distress because they are left with the marital home), and other charges. If a spouse moves out and retains separate property, it may not relieve that spouse from his or her financial responsibility to the remaining household. Also, there are a few jurisdictions in Ohio that have tricky local rules about the marital home and if you are out of the home more than 30 days the remaining spouse can claim the home their sole temporary property in a divorce. It is strongly suggested that if you do move out you file for divorce immediately to protect your economic and parental rights. Contact a knowledgeable attorney immediately and discuss your issues more fully with them.
    Answer Applies to: Ohio
    Replied: 5/20/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Yes.
    Answer Applies to: California
    Replied: 5/20/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Yes. But there may be reasons not to.
    Answer Applies to: New York
    Replied: 5/20/2013
    Kunin &Carman | Ishi Kunin
    There is no abandonment in Nevada, but depending on whether there are children, on finances, on personal possessions, I recommend staying in the house until orders are in place.
    Answer Applies to: Nevada
    Replied: 5/20/2013
    Webster & Associates | Anita Webster
    You can move out but I don't usually recommend it especially if you have kids together, you are leaving belongings, you have a mortgage together and/or plan to sell the house. An attorney can advise you as to what is best given your circumstances. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.
    Answer Applies to: Nevada
    Replied: 5/20/2013
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Yes. However, if the other party can't afford to fully pay the mortgage without your participation, the house might be subject to foreclosure proceedings. On the other hand, if you and/or the other party pay the mortgage, the house would be preserved, and you may be entitled to Watts Credits and possibly Epstein Reimbursement.
    Answer Applies to: California
    Replied: 5/20/2013
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    Yes you can.
    Answer Applies to: Illinois
    Replied: 5/20/2013
    Ellis & Abouelsood | John Danelon
    Absolutely, you can move out of the house before getting a divorce. In fact, it is a requisite for determining legal separation for the purpose of determining when community property ends in California.
    Answer Applies to: California
    Replied: 5/20/2013
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