Divorce and Home Occupancy in Plymouth, Minnesota:
Should You Move Out Of The Marital Home?
Forbes
Magazine Online Questions Whether It Is A Good Idea To Move Out Of The Marital
Home After You File For Divorce. Here’s The
Link for Forbes.
What If We Have No Children?
The Answer
Is That If You Do Not Have Children, It Really Doesn’t Matter. Moving Out Of The House Does Not Change Your
Ownership Interest In Any Meaningful Way.
For Example, If You Have A Non-Marital Interest In The Home, You Will
Still Have The Same Non-Marital Interest Even If You Move Out. Similarly, Your Marital Interest Is Preserved
Regardless Who Lives In The House. The Only
Time Moving Out Might Change Your Financial Interest In The Home Is If One
Party Solely Assumes The Payments, Your Spouse Might Be Credited The For The
Reduction In Principle After You Move Out.
That Is Likely To Be A Small Amount In Most Divorce.
If You
Do Have Children, The Party Moving Out Of The Home Has A Disadvantage In
Custody Proceedings. This Disadvantage
May Not Be Major, But It Is Always Easier To Argue For Custody While Living In
The Marital Home—Because It Is Presumed That Children Are Best Served By A
Stable Living Situation. This Can Be Further Complicated If Special Needs /
Handicapped Children Are Involved. You Have
To Be Their Best Advocate In Any Case.
What If You Stay In The Marital Home?
Most
Of The Time, The Question Clients Ask Me Is Not Whether They Should Move Out,
But How Can They Get Their Spouse To Move Out Of The Home. The Reasons Why The Spouse Insists On Staying
Range From Financial To A Simple Desire To Maintain Continuity During A
Stressful Time. My Answer Is That It Is
Often In A Couple’s Financial Interest To Stay Together During The Marriage, If
At All Possible. If You Choose This
Path, Establish Clear Boundaries. Do Not
Talk About The Divorce In The Home Or In Front Of The Children. Schedule Coffee Meetings For These Important
Discussions. Do Not Disparage Your
Spouse Either To Your Children, Joint Friends Or To Each Other.
What If Living In The Marital Home Does Not
Work Out?
If You
Or Your Spouse Cannot Keep These Basic Rules, You Will Want To Hire An Attorney
To Ask The Court For Sole Possession Of The Home Or You Will Need To Leave The
Home Yourself. And Of Course, If Things
Get Violent, Call 911 And Seek A Domestic Abuse Order For Protection. The Tubman Minnesota Family Crisis And Support
Services Is A Good Resource To Know.
About Author
Jennifer
graduated from the University of Minnesota cum laude with a bachelor’s degree
in speech communications. In 2006, jennifer achieved her life’s dream; owning
her own Family Law MN
practices. She practices every day as Divorce
Attorney MN with the intention of representing her clients’ future.
No comments:
Post a Comment