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Should I Move Out of the Marital Home During My Florida Divorce?


The question of whether or not a spouse should move out of their marital home during their Florida divorce is one that is commonly asked to divorce attorneys. While this is a decision that will have to be made, doing it during the divorce is a decision that should not be taken lightly. In most marriages, the marital home is the largest asset that a couple owns, and properly dividing it is extremely important. In some cases, it is not prudent to move out, and it could even make it more difficult to gain possession of the marital home if you vacate it before the divorce starts.

Every situation is different, which is why you should speak with a skilled Florida divorce attorney first. He or she can advise you on your legal rights, and help you decide whether moving out before the divorce is final is a smart thing to do.

Staying Means You Can Protect Other Assets

If you have concerns about your spouse taking other assets from the home, that’s one reason to consider not moving out. Staying will give you better control over what happens inside the home. You might be worried that your spouse may remove items, or even damage some, which could make them impossible to sell down the line.

While you’re still in the home, document everything regarding assets and the property. Photos are key, as are any receipts, purchase orders, invoices, etc. Make a list and keep updating your inventory as you think of things. This helps you become more organized and let you prioritize what’s most important to you in the property division phase of the divorce.

You should also make copies of financial information, including debts. This can help show if your spouse suddenly ran up a lot of debt right before the divorce was filed, or tried liquidating assets as a way to keep them from going through the marital property split.

Leave If You Have Safety Concerns

If your divorce is happening due to allegations of domestic violence, leaving may be important for your safety and the safety of your kids. A Florida divorce attorney can help you file a restraining order against your soon-to-be ex if necessary. If you have children, you’ll need a temporary custody order from the court, otherwise you could be accused of parental kidnapping.

Weigh the Financial Costs

Let’s face it. Some couples can’t afford to maintain two households, especially going through the expensive process of a divorce. Consider your financial situation if you’re considering moving out or pushing your spouse out. In some situations, staying in the house can help support your position to hold on to it after the divorce, but sometimes the court will divide it anyway, depending on what’s equitable. If you are awarded the home but can’t feasibly afford the property taxes or maintenance and upkeep costs after the divorce, you may need to sell it anyway.

Contact a Florida Divorce Attorney

If you have questions on staying or leaving the marital home during your divorce, contact a Boca Raton divorce attorney at the Law Offices of Schwartz | White at 561-391-9943 to schedule an initial consultation.


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