What are my rights if i leave the marital home?

What are my rights if i leave the marital home?

  1. If you leave the marital home during a divorce, you do not lose your property rights, your spouse, or your children.
  2. However, leaving the marital home can make it more difficult to negotiate a fair parenting time arrangement.
  3. If you are considering leaving the marital home, it is important to consult with a divorce lawyer to understand your options and implications in depth.
  4. In most cases, a judge will not order one spouse to vacate the marital home during a divorce, and both spouses typically have the right to continue living there throughout the divorce.
  5. However, if there is domestic violence, a judge may order one spouse to leave.
  6. If you do leave the marital home, you may not have the right to come and go whenever you want, and it could negatively impact the amount of spousal support.
  7. If children are involved, leaving the marital home can sometimes be problematic because courts like to maintain a status quo.

Property Rights if i leave the marital home?

  • Leaving the marital home during a divorce or separation does not forfeit your property rights.
  • You may still have a right to the marital home, and leaving the home will not affect your rights and interest in the marital home.
  • However, leaving the marital home may affect negotiations during the divorce proceedings and may be considered abandonment in some states.
  • It is important to communicate with your spouse and seek advice from a legal professional before making any decisions.
  • While leaving the marital home does not give up your claim and interest in the property or personal property that may still remain, you may lose control over what goes on inside the house, including the care or upkeep of the home and furniture or furnishings.

Negotiations

  • Leaving the marital home during divorce negotiations can have an impact on the outcome of the negotiations.
  • Negotiations tend to proceed faster and better for spouses who are still in their marital house.
  • Leaving the marital home can make it more difficult to negotiate a fair parenting time arrangement.
  • When both spouses don’t want to share a roof, there is an urgency to reach an agreement to live apart, and spouses who move out voluntarily or until they have to also give up critical “bargaining chips.”
  • It is important to consider the potential impact on financial negotiations before leaving the family home during divorce negotiations.

Domestic Violence

  • Domestic violence is a serious issue that can arise in a marriage, justifying one spouse’s departure from the marital home in the interest of safety.
  • Experiencing domestic violence necessitates taking necessary steps to ensure personal safety.
  • In certain cases, a judge may order one spouse to leave the marital home when domestic violence is involved.
  • Pursuant to NCGS 50-B, a married person can seek a domestic violence protective order if one party commits an act of domestic violence against the other.
  • The term “Domestic Violence” is broadly defined, encompassing not only assaults or threats but also harassment.
  • The Court has the authority to grant temporary possession of the marital residence in a protective order.
  • If the order is entered “ex parte” (emergent without the other party present), a return hearing must be held within 10 days.
  • If, at the ten-day hearing, the Court finds that an act of domestic violence occurred and continues the order for typically 12 months, temporary possession of the marital home may be awarded again.
  • It’s essential to note that this is not a permanent resolution of “who gets the house,” as either party may file an action for Equitable Distribution. The Court may distribute the home differently and has the authority to nullify any property award made in the Domestic Violence proceedings.

Spousal Support

  • Spousal Support Overview:
  • Spousal support, or alimony, is a payment made by one spouse to the other after a divorce or separation.
  • Leaving the marital home could negatively impact the amount of spousal support received.
  • Financial Implications for the Primary Wage Earner:
  • If you’re the primary wage earner and leave the marital home, you may be required to continue paying rent or mortgage and other expenses for the marital home.
  • The financial responsibility for two households on one income, resulting from renting an apartment or buying another residence, may impact the amount of spousal support awarded by the court.
  • Considerations for Support Amount:
  • The court considers your income and expenses when determining the amount of spousal support to award.
  • Leaving the marital home could thus influence the court’s decision on the support amount.

These points highlight the intricate relationship between leaving the marital home, financial responsibilities, and the potential impact on spousal support during divorce or separation proceedings.

Conclusion

In conclusion, leaving the marital home during a divorce or separation does not forfeit your property rights, but it can affect negotiations and spousal support. If you are considering leaving the marital home, it is important to consult with a divorce lawyer to understand your options and implications in depth. Leaving the marital home can make it more difficult to negotiate a fair parenting time arrangement, and it could negatively impact the amount of spousal support that you receive. Additionally, leaving the marital home can sometimes be problematic because courts like to maintain a status quo, especially when children are involved. It is important to consider all factors before making any decisions and to seek legal advice to ensure that your rights are protected.

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