Is moving out of the marital home wise?

My spouse and I are not getting along and I am planning to move out of the martial home we bought 10 years ago. Is moving out a wise thing to do?

By David Miller
March 21, 2013

David Miller, a family lawyer in Irvine, answers:

If one or both spouses are unable to respect the other while under the same roof, especially if children are witnessing disrespect, anxiety and acrimony, then by all means relocate. You are not “abandoning” the property. Your property rights do not follow you; they remain with the property. Remember, the spouse who has exclusive use of the home (i.e., “the in-spouse”) will generally be responsible for making the payment(s) on the home up to the property’s “fair rental value.”

Back To Top

March 21, 2013
Categories:  Legal Issues|FAQs

Add A Comment


Allowed HTML: <b>, <i>, <u>, <a>



Divorce Lawyers

Certified Divorce Financial Analyst

Find all CDFAs

Divorce Mediators

Find Divorce Mediators

Business Valuators / CPAs

Find Business Valuators / CPAs

Collaborative Practice

Find Collaborative Practitioners

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility

Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.