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.”

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March 21, 2013
Categories:  Legal Issues|FAQs

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