Divorces, even when they are not complicated or messy, can lead to uncomfortable situations, such as having to continue living in the same home with your soon-to-be ex. While moving out may seem like the right decision, it could have implications for your family, finances, and future.
Do I Have to Move Out of My Home?
No, you do not have to move out of the family home if you are getting a divorce in New York. Most property acquired during a marriage in New York State is considered marital property, including the family home. It means that you and your spouse both have a legal right to remain in the house, regardless of whose name appears on the deed or lease, unless the court orders otherwise. Should you choose to move out of your own accord, you won’t lose ownership of the home, but it could hurt your bargaining power when negotiating during your divorce.
Will Moving Out Hurt My Children?
When children are involved, every aspect of your divorce should focus on the well-being of the children, which includes whether you stay in your family home. Leaving your family home without a parenting plan detailing your time with the children can make it harder to argue for custody later. The parent who remains in the house with the children may be seen as the primary caregiver in the court’s eyes.
Do I Still Have Financial Responsibilities Related to the Home?
Leaving your home doesn’t necessarily mean leaving your financial responsibilities behind. If you voluntarily choose to move out, you could still be responsible for mortgage payments, rent, and utilities. You may have to shoulder this burden, plus the cost of any new living expenses you take on.
What If My Home Environment Is Unsafe?
The safety of you and your children should always come first. If your current home environment is unsafe due to domestic violence or emotional abuse, you can seek an Order of Protection and/or request that your spouse be forced to leave, or you can choose to leave.
What Are My Next Steps?
Before you make any decisions regarding moving out of your family home, it is always best to speak with an attorney. We will help you protect your rights, explore your options, and consider the long-term consequences and your future based on these decisions.
