If I Leave The Family Home During A Divorce Will I Lose It?

On Behalf of | Apr 5, 2024 | Divorce

When you are going through a divorce, there are many uncertainties you may face. One common concern involves what will happen to the family home if you decide to leave during the process. The short answer is, you will not lose the house.

The choice of whether or not to stay in your marital house during divorce is entirely up to you and your specific circumstances but it’s important to prioritize self-care and consider the potential implications of your decision.

When should I consider leaving the family house during divorce?

During divorce, you may consider leaving the family house if staying there becomes untenable due to several reasons such as:

  • Safety concerns: If staying in the family home puts you or your children at risk of harm, whether physical, emotional or psychological, it may be necessary to leave for your well-being and that of your family. This could include situations involving domestic violence, threats or ongoing conflict that cannot be effectively managed while living together.
  • Emotional well-being: Divorce can be emotionally taxing and remaining in the family home may exacerbate feelings of sadness, anger or resentment. If living in the same space as your soon-to-be ex-spouse intensifies these emotions and makes it difficult for you to heal and move forward, leaving the family home could provide much-needed emotional distance and relief.
  • Temporary relocation for work or personal reasons: Sometimes, one spouse may need to temporarily leave the family home during divorce proceedings due to work obligations, educational opportunities or personal reasons unrelated to the divorce. Temporary relocation may be necessary to pursue career advancement, attend educational programs or care for ailing family members.
  • Avoiding confrontation and conflict: If tensions between you and your spouse are high, remaining in the same household during divorce proceedings may lead to frequent conflicts and confrontations that hinder the resolution of important matters. Leaving the family home temporarily can help de-escalate tensions and create a more conducive environment for productive communication and negotiation.
  • Health considerations: If living in the family home during divorce is detrimental to your physical or mental health, leaving may be necessary to prioritize self-care and well-being. Stress, anxiety and depression are common experiences during divorce and remaining in a toxic or unhealthy environment can exacerbate these issues.

Before leaving the family home for whatever reason during divorce, you should consider seeking legal guidance to help understand the potential implications of your move. At The Law Firm of Poppe & Associates, PLLC, our focus is relentless advocacy for our clients. If you or someone you know is considering divorce, reach out to schedule a consultation at 646-665-3903 or by contacting us online.

Let Me Be Your Brave

Mia Poppe, Esq.

Mia Poppe, Esq.
Managing Partner

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