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Your House and Divorce: Should You Stay or Should You Go?

The house that you and your soon-to-be-ex shared is among one of your largest marital financial assets, and it can play a significant role in divorce proceedings. Prior to divorce, however, you and your spouse will very likely choose to separate. When you do, the question of if and who should move out of your marital home comes into question.

Leaving your shared marital home is not only an emotional decision, you may also fear that it could lead to ramifications during your divorce proceedings as well.

If I move out, will I be abandoning my property?

As a no-fault state for divorce, Florida law does not consider a spouse who has moved out of the marital home to have abandoned the property or home, and they will still maintain equitable interest in the home if they are to move out before divorce.

That said, intent matters, and if one spouse leaves the home willfully and refuses to continue contributing to the shared financial responsibility and upkeep of the home, it may be used against them in court and, depending on circumstances, could be considered cause for abandonment.

What about my kids?

Moving out of your home also has no bearing on the amount of time you will get with your kids. In no way does moving out of your home mean you are giving up any rights to see your children. The courts understand that physical separation from your spouse is a necessary part of divorce. What matters is that you are able to provide a stable environment for your children when they are with you.

Divorce and custody issues can get complicated in a hurry. Get a strong legal team on your side right away to help you navigate the most important issues for your life and family. Contact us today to schedule a case evaluation.

Author Bio

Vanessa Vasquez de Lara is the founder and owner of Vasquez de Lara Law Group, a Miami family law firm. With over 20 years of experience in family law, she has zealously represented clients in various legal matters, including divorces, child support, child custody, alimony, and other family law cases.

Vanessa received her Juris Doctor from the University of Miami School of Law in 2002 and is a member of the Florida Bar Association. She has received numerous accolades for her work, including being named to the 2015 Super Lawyers Rising Stars and the 2016-2023 Super Lawyers list.

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