During a separation, one partner may leave the home rapidly. While this may seem convenient, moving out too soon can be considered abandonment. The implication is that staying in the house will disadvantage the non-staying spouse in the divorce proceedings. In reality, staying in the house will not hurt one’s chances of proving his or her innocence. As long as you and your spouse get along well, staying in the house is not necessarily a disadvantage.
When dividing property, remember that just because one spouse owns the house does not mean the other gets to keep it. If the other partner has a lease on the house, they can change the name to the one who will be staying in it. This means that the landlord can either end the rental agreement or set up a sublet. In addition, each party is entitled to keep their personal belongings. For a couple to qualify as a married couple, they must have lived in a marriage-like relationship for at least two years. The property that a couple acquired during their relationship is known as family property.
The easiest way to divide the house is to sell it. The other spouse will have to sell it to pay for the out-spouse’s share of the property. The other spouse can then buy the out-spouse’s share of the house and move out. If the house needs to be refinanced, the in-spouse will have to prove that he or she has the income to pay for it.
While staying in the house during a separation is never an easy decision, there are some factors that can make it easier for a parent to decide who stays in the home. For example, if one spouse owns the house prior to marriage, it may be considered separate property. However, this is usually not the case, since both spouses generally contribute to the mortgage and upkeep of the marital home. Likewise, staying in the marital home will ensure stability for the children, as they will not have to move schools or get used to a new environment.
If there is no agreement in the first place, there are several options for the court to consider. If you and your partner are still on the mortgage or lease, then you can ask for a temporary occupancy order. This order will determine if you have the right to live in the marital home without your spouse. If you have children, you may also be able to get a full occupancy order. However, it is not easy to get an occupancy order.
If your partner is not willing to negotiate over property, you can hire a lawyer to help you decide what to do with the home. This can cost you money and time. Moreover, lawyers can cause unnecessary delay in the process. You may also want to consider getting an independent appraisal or financial professional to help you determine the worth of your home. Regardless of your situation, dividing a house is never easy. If you and your spouse are reasonable, you can work out the division of the house on your own.
Among the most complicated assets in a divorce is the house. Even if you and your partner were previously separate, a marriage merges assets and properties. As such, the house becomes part of the marital assets. However, if your partner is the one who moved in, it can also become a marital asset. This makes it difficult to separate the property. The key is to find a way to balance the house as an asset and separate property.
