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If you move out, do you lose your right to the family home?

On Behalf of | Mar 18, 2022 | Divorce |

There’s a lot of misinformation floating around out there about divorce proceedings, and people sometimes base their divorce strategy on inaccurate legal information.

For example, some people will tell you that if you move out of the family home before the divorce, you will lose your right to claim  the home or its value in the divorce. Is that true?

Equitable division laws protect your interest in the property

You do not need to have occupancy of a piece of real estate to have a financial claim to it when you divorce. Under equitable distribution laws, your interest in the property comes from the investment of marital resources into its purchase and maintenance.

Even if you leave the home when you separate from your spouse, all the years of equity accrued during your marriage will give you a claim to the property in the divorce. If you hope to retain possession or the right to stay in the home, choosing not to leave it could strengthen your case, but leaving will not inherently prevent you from receiving possession of the home in the divorce.

Living separately can help defuse a tense situation

It can be very difficult to continue cohabitating with your spouse after a divorce. Even if the two of you have had a respectful and healthy relationship, you may constantly fight or feel unsafe in your own home if you try to stay there during the divorce. Once you get legal guidance, you may feel more confident about the necessary steps to separate from your spouse.

Learning more about the basics of New York high-asset divorce proceedings will give you the confidence you need to file and assert your rights.