Who Should Move Out of the Family Residence?

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A guide for divorcing couples in Danville and Walnut Creek, California.

Transcript of Who Should Move Out of the Family Residence?

  • Both Parties Have a Right to Remain
  • If you and your spouse purchased a family home together and/or if both of your names are on the deed to the home, then you both have a legal right to the home and you have a legal right to remain in the house while a divorce is pending and until an agreement is reached as to who should get the house in the divorce
  • Moving Out Does Not Jeopardize Your Claim on the Home
  • While both spouses have a right to stay in the home during divorce proceedings, in most cases, you may not wish to continue living together upon filing for separation and while your divorce is pending
  • One of the two spouses can move out of the shared family residence without jeopardizing his or her legal claim on the home
  • Can You Agree on Who Will Leave the Home?
  • The best case scenario for all parties involved is for one of the two spouses to voluntarily agree to leave the house
  • If you agree to leave, you do not have to worry that you are giving up the right to fight for the home
  • You should, however, speak to an attorney before deciding whether to leave the house or not in order to ensure that you are protecting your legal interests
  • Considerations for Who Should Move Out
  • If you are deciding together who should move out of the family home, there are a number of important considerations to think about
  • If one spouse is the primary caregiver to children, that spouse and children should usually remain in the home to maintain stability for the kids
  • If only one of the two spouses can afford to keep the home after the divorce, it may make sense for that spouse to stay since he or she is most likely to be the one to continue living in the home unless it is sold
  • Protect Yourself from Abuse
  • In any situation when deciding who should continue to live in the home, the first and most important thing to do is to protect yourself from an abusive situation
  • If you do not feel safe in the home, you should do whatever it takes to make sure you are not in a dangerous environment
  • This may mean leaving the home to go to a shelter or other safe location, or it may mean getting a protective order to force your spouse to leave the home
  • Protect Your Children From Abuse and Conflict
  • Protecting your children from abuse is also vitally important in a divorce situation
  • If your spouse is being abusive to the children, you should remove your children from that situation right away to avoid risk of injury
  • You can typically get a restraining order and a court order forcing your spouse to leave to prevent your spouse from remaining in the home and continuing to abuse your children
  • A lawyer should be consulted right away in these situations
  • File a Request for Order
  • If you wish to force your spouse to leave the family home prior to a final decision on who gets to keep the house in divorce, you will need to file a request for order with the court
  • Youll need to convince the court that it is reasonable, just and fair to require your spouse to leave the home pending a final decision on who gets this asset in the divorce
  • An Attorney Can Help
  • Your attorney can explain your legal rights regarding your family home and help you to make an informed choice about whether you should stay or leave
  • Your attorney can also represent your position in court, whether you are fighting to have your spouse removed from the home or responding to a petition that your spouse has made to the court to get you to leave
  • We invite you to contact us at (925) 314-2320 to schedule a consultation Click to visit: www.FamilyLawGroup.com Content provided by Best Legal Practices