Divorce and the Marital Home

Moving Out of the Marital Home During a Divorce

There are several important factors to consider if you are wanting to move out of the marital home before the determination of what should happen to the house after the divorce is final. Leaving the home could potentially impact your ability to return or argue for possession of the home during the divorce proceedings. Furthermore, you will still be responsible for any financial obligations related to the home, such as mortgage payments, taxes, and other debts, in addition to covering the costs of your new living arrangement. Additionally, you will have to leave behind the furniture and personal belongings in the marital home and entrust your spouse to properly care for them.

In addition, if child custody is a contentious issue in the divorce, moving out of the marital home could have an impact on the judge's decision. The court prioritizes the best interests of the children, and maintaining stability and consistency in their lives is a significant factor. Thus, a judge may grant primary custody to the parent who remains in the marital home. If you are seeking primary custody of your children, it may be advisable to stay in the marital home until a temporary custody order is established.

Selling the Marital Home

It is often difficult for both parties to remain in the marital home while the court determines how to divide the marital assets. Eventually, once the divorce is final, one party will need to move out. Sometimes, the parties can come to an agreement on their own without court intervention, but this is not always possible, and the court may need to divide the equity in the home.

Although the court can grant sole possession of the home to one party without providing any equitable proceeds from the marital home to the other party, courts generally divide the value of the home in some way. The court may order the parties to sell the marital home and split the proceeds or grant one spouse possession of the home but order them to buy out the departing spouse. It is advisable for both parties to obtain a neutral appraisal of the home's value to avoid further disputes over its true worth. If one spouse retains possession of the home, it is essential to ensure that the necessary loan documents and deeds are filed to remove any obligations or rights with respect to the departing spouse.

Speak with an Experienced Divorce Attorney

If you plan to file for divorce and are uncertain about the best course of action regarding your marital home, it is advisable to seek the counsel of a divorce attorney. The attorneys at Wilson Whitaker Rynell possess the knowledge and expertise necessary to provide you with guidance and advise you on the options available to you. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.