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.”
David L. Miller is a Partner with Kring & Chung, LLP, a family law firm in California that is dedicated to protecting clients, their rights and their families while providing tailored service in a wide range of family law cases. David L. Miller manages the Family Law Department and can be reached at (949) 261-7700.Visit their family law website www.kc-familylaw.com.