Separation And Divorce: Moving Out (Part 1)

Following the decision to separate or divorce, a lot of couples turn their focus to how they will part ways. In a perfect world, it would be an easy, mutually agreed upon decision. Unfortunately, few things in life go exactly according to plan, making it important to understand your options.


Do I Have To Move Out?

No, not necessarily. For some couples, staying in the same house makes the most sense. Whether it’s due to expenses or to help the children, adjust to their new normal, living together while separated or divorced is an option.

For couples who have had a difficult separation process or experienced violence, staying in the same home may not be a reasonable, or feasible, option. Part of the decision-making process requires an honest look at your situation and what you feel comfortable with.

If I Move Out, Will I Lose The House?

Being concerned about forfeiting your share of the property is normal. While there are several factors that can influence the outcome of this particular situation, if you have a legal right to a share in the family home, you may be protected.

If the property is solely in your spouse’s name, there are still ways to protect yourself. Filing a Land (Spouse Protection) Act against the house could be one way to ensure that the property is not sold without your knowledge.

What Can I Take With Me?

Generally, each partner is entitled to a reasonable share of belongings from the home. Depending on the nature of the separation, this can be a straightforward process or wind up being very complicated.

If you and your spouse are able to come to an agreement, you may divide the possessions in a way that seems mutually beneficial. Should you find that the process is too difficult or there is conflict, it may become necessary to bring the issue before the court.

As is the case with so many aspects of the divorce process, having the right help from the start is imperative. A family lawyer can help you make the decisions to best suit your needs and protect yourself and your interests at every stage.

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