Although leaving the marital residence, in theory, does not impact upon the ultimate outcome of a divorce, as a practical matter, it is rarely advisable to leave the marital home, particularly if you wish to pursue custody, if there are items of personal property and furnishings that you are leaving behind which are subject to equitable distribution, and/or if you wish retain the marital home after divorce. In Australia, you can leave your marriage or relationship at any time without asking permission from anyone. Can I leave the marital home? No one can force you to leave your residence without a court order unless there is domestic violence. Children’s and Parenting Issues after Divorce. If you split up, your rights to stay in the family home or to make your spouse or partner leave will depend on who owns the home and whether or not you are married or in a civil partnership. Speak with an experienced domestic litigation attorney before you decide to take such a drastic step. Freely moving out and only seeing your children occasionally does not foster credibility that keeping close to your children is your top priority. Your wife may try to pressure you with various claims, such as, "It would be best for the kids not to see us fight" or even threaten to call the police. With the assistance of your divorce lawyer, you can negotiate a settlement in the form of a contract or court order (consent order) that requires your spouse to leave the marital residence within a certain time frame. Acquisition During the Marriage Although there are some isolated exceptions, your home is considered a marital asset if you and your spouse purchased it after you got married. The spouse who remains in the marital home is at an advantage because that spouse often remains physically with the children (it is often said the children go with the house) and has control over the personal property and furnishings. May 25, 2006 (0) Comments Categories: Asset and Property Issues, FAQs. Even in situations without children, it may not be a good idea to leave the marital home. You both have equal rights to the residence until the court decides otherwise in a final decree, even if the house isn't titled in both names. joint physical custody, you are in a better position if you remain in the home, as the Court will look to your time with the children as a factor in determining a future arrangement. Although leaving the marital residence, in theory, does not impact upon the ultimate outcome of a divorce, as a practical matter, it is rarely advisable to leave the marital home, particularly if you wish to pursue custody, if there are items of personal property and furnishings that you are leaving behind which are subject to equitable distribution, and/or if you wish retain the marital home after divorce. However, many spouses do not want to leave the home, or cannot afford to get a new place to live during the divorce. ©2021 Verizon Media. This could result in property being destroyed, transferred to third parties or, in some cases, even sold by the spouse remaining in the home without the other spouse’s consent or knowledge. assets owned before the marriage (such as a house) can be considered by the court if there is simply not enough money for you to rehouse otherwise. The section on relationship breakdown has more information. One of the most common reasons men move out of the home is they feel it is their obligation to be the one to leave -- even if the divorce wasn't their idea. Even if you were the greatest dad in the world, it sends a contradictory message when you pack your own bags and leave. However, you will only lose your rights if, during the two-year period, you haven't lived with your partner or in the family home. for both the marital home and your other residence, that may work against you when computing spousal maintenance (alimony). By leaving the home voluntarily, you show the court that staying close to your kids for daily interactions is not that big of a deal to you. In regard to taking actual possession of the home during the course of the case, it’s certainly more difficult to secure that relief if, in fact, you have left the house and established a second residence such as an apartment or other dwellings. Not to mention if your spouse has a lower paying job, you may also be required to pay her temporary spousal support so she can afford the lifestyle to which she is accustomed. We provide advice about divorce law, divorce lawyers, family law, custody, support and other divorce related issues along with a directory of divorce professionals. If the home is jointly owned, then you can't force him to leave since he is an owner as well. The top reason not to leave the marital home "voluntarily" is that it gives your wife's attorney the opportunity to label you as abandoning the family. 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