The family or marital home is one of the most valuable assets in a divorce. This is why when going through this process, you may wonder if moving out of the house can work against your favor. While many would suggest staying, especially if you want to have the house as part of the financial settlement, you still need to consider the specifics of your situation.
Albuquerque family lawyers share a few things you need to consider:
If you’re in an abusive or violent relationship, you have to prioritize yourself and your children’s safety. This means getting a protective order and asking the court or the judge to order your spouse to move out. You may also choose to temporarily leave the house to secure your safety. Be sure to consult an attorney when leaving the home with kids to obtain necessary court orders and avoid accusations of kidnapping.
Best interests of the kids
If kids are involved, repeated change can become difficult for them to handle. It’s best to remain close to their school, friends, and the environment they’re accustomed to. If the kids stayed at home, but you want to move out to avoid ongoing conflict (which is also in the kids’ best interest), both parents can create a parenting agreement to get the schedule in order and agree on the fact that you’re not giving up your rights.
When it comes to keeping the family home, those who choose to live in the house may have an advantage, but this does not mean that they will keep the house in the settlement. Your state laws in property division will play a part when dividing marital properties and other assets in a divorce, and this can also include the furnishing and other important items in the house.
If you and your spouse can remain friends, staying at the house can be beneficial. If the house becomes an emotionally charged environment and you’re thinking of leaving, it’s best to talk to a family lawyer. This is to protect your rights and avoid any wrongful accusations.