There is not one right answer to the question of who should move out of the marital homestead during the divorce process. In many divorce cases, it is difficult for spouses to continue to cohabit without increasing conflict. However, there are still a number of factors that must be considered before one spouse decides to move out of the marital home.

Although it may not be the ideal living situation, many divorcing couples simply cannot afford to maintain two separate households. If neither party wants to keep the home after the divorce is finalized, it may make financial sense to sell the home and establish separate households while the divorce is pending. This allows you to live separately with reduced housing budgets. If one party would like to keep the home, it is important to evaluate whether the marital estate has the ability to fund two separate households. If not, it may make more sense to continue to reside together until the divorce is finalized.

Another consideration is whether there are children involved. A divorce can be a confusing time for children and choosing to remain in the same household until the divorce is finalized may help your children adjust. This will also ensure that you remain present in their day to day lives before a custody/parenting time arrangement is established by the Court or by agreement of the parties.

If you do decide to continue living with your spouse during the divorce process, it is important to do your best to avoid confrontation, not to make negative comments about your spouse to your children, and avoid any other conduct that may increase conflict. If you do not think this will be possible, you may want to consider an alternative living situation.

It is important to keep in mind that moving out of the marital homestead does not mean that you are conceding your rights/interest in the home. You will still have the right to be compensated for your share of the marital interest in the home through the divorce process, even if you do move out.

If you have any questions about your specific situation or whether you should move out of the marital home, please call me today at 651-647-0087 or reach out via our online contact form to set up your free consultation.

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