People in the early stages of divorce often receive unsolicited advice from others. One of the most common warnings people offer during divorce is to stay in the family home. They tell spouses dealing with intense conflict that leaving the home puts them at risk of losing the home.
There is a bit of truth to that assertion. If one spouse leaves the home, the other may have a slightly stronger claim to continued possession of the house after the divorce. However, the spouse who leaves can potentially regain possession by negotiating a settlement with the other spouse or litigating property division matters in family court. Even if they do ultimately live somewhere else and never regain possession, they may still have an interest in accumulated home equity.
Property division should be a fair process
Equitable property division standards require a fair outcome. Depriving one person of their interest in accumulated home equity because they left the home would not be an equitable solution in most cases.
The courts look at many different factors, including the paid and unpaid contributions of both spouses, when deciding how to address marital property. They consider the separate property that either spouse may have, their earning potential and their health.
If the courts award possession of the family home to one spouse in a divorce, the other typically receives a fair share of equity. The spouse who leaves the home could keep a family business or retirement savings accounts to offset their share of equity. Spouses who understand what the courts may rule in property division cases may be able to amicably settle their disputes outside of court.
Discussing major moves, such as leaving the home, with a skilled legal team before taking action is often a smart decision for those preparing for divorce proceedings. People who understand the law can make decisions that set them up for a better life after divorce.