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During the Separation, Does It Matter Whether I Move Out Or My Spouse Moves Out?

It seems as if it shouldn't matter where you live during the divorce proceeding, but it does.

The courts tend to preserve the status quo, especially if the children have remained in the home.

So, if you want to end up with the home, it is a good idea to try to remain there.

If you must move out, be sure you have a written, legal separation agreement first. It should include visitation terms you can live with as a final outcome.

A written separation agreement is also critical for tax purposes. If the home is sold more than two years after you move out, you continued to be an owner of the home, you did not have a separation agreement when you moved out, and you do not have a divorce decree by that time, you might end up getting hit with taxes on the sale.

Even if you do plan to stay in the home, have a temporary back-up ready. It might be your parents' home, a sibling's home, or an apartment complex where you can rent a place quickly. You never know when you might need, for your own safety, to move out in a hurry.

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Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More...