Should I Stay In Or Leave the Marital Home?

In the past, it was often the husband who left the marital home, handing it to his wife and kids. This is not the case anymore. There is no automatic who gets the home these days. One thing, though, is certain: if you leave the marital home, you may never get back into that house.

Don’t leave your home unless you have a clear understanding of the potential impact of such a move, both on your today and in your future. Discussing your situation with an attorney experienced in handling divorce can be quite prudent.

When people are strapped financially and the house is underwater, one or the other soon to be ex-spouse may not be able to afford to keep up with the mortgage alone and the house cannot be sold for a reasonable price. In a situation like this, the two divorcing parties may decide to try a nesting arrangement. This means that both people will still live in the house and continue to share mortgage and housing costs, because neither can afford to buy the other out or pay the mortgage on his or her own. However, if you seriously do not get along this can be an extremely difficult situation to put yourself in, especially if you want to truly start over and put the past behind you.

Out of House – Restraining Order Easier to Obtain

It will be harder for a spouse to obtain a restraining order that puts you out of the house if you are living in the house. However, if you have left the house, it can be a lot easier for your spouse to change the locks and then to slap a restraining order on you, preventing you from even approaching your home.

Issues Arising If You Leave the Home But Your Name’s on the Mortgage

If you do leave the marital home, and your home is underwater and your name is on the mortgage, you could be held accountable for the mortgage or any problems connected to a short sale gone wrong.

Situations like this have occurred: the couple is divorcing and the house is underwater. One party wants to have a short sale. The other party refuses. Let’s say Angie moves out but Darren continues to live there, without paying the mortgage. Angie, because her name is also on the mortgage, arranges a short sale, but when the sale is meant to go through, Darren refuses to leave.

Angie, then, is about to get sued. However, her ex, Darren, finally agrees to leave if she pays him several thousand dollars. Not fair, not right, but situations like these happen all the time.

Get Answers About Whether to Stay or Leave the Marital Home While Divorcing. Skilled Jenkintown Child Support and Family Law Attorney

If you going through a separation and divorce and uncertain whether to stay in your marital home or leave it, discussing your situation with an experienced divorce lawyer can help you understand your options and chart a path through divorce that will help you get started post divorce on sound footing.

Find out more about pros and cons relating to divorce and staying or leaving the marital home. To schedule a completely confidential consultation with a knowledgeable and caring family law attorney at Joanne E. Kleiner & Associates, in Jenkintown, PA, please call 215-886-1266 or you can fill out our intake form and we will contact you.

Keeping you focused on the big picture and the issues that matter most… Joanne E. Kleiner & Associates. We serve clients throughout Montgomery, Bucks, Philadelphia counties, and the surrounding areas in matters involving Social Services, Child Protection, child custody, support, divorce, and other family law matters.

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Montgomery County Bar Association
Pennsylvania Bar Association
International Academy of Collaborative Professionals