After you have decided to get a divorce, you may want things to move as quickly as possible. If you and your spouse have significant conflict in your day-to-day life, moving to a new setting could protect you and your family from the strain of that conflict. However, moving out while your divorce is still in progress can create new problems. Should you move out of your marital home?
You may have a legal right to live in your marital home.
Texas is a community property state and views all property acquired during your marriage as jointly owned. Even your spouse owned the house you live in before your wedding day, it could become marital property if they used funds from your joint account to pay for the mortgage, upkeep or improvements. As a result, you may have the legal right to continue living in your home until the court finalizes your divorce.
Leaving your marital home can create new difficulties.
While it can be challenging to share a house with your spouse during the process of divorce, those who choose to leave their marital home face a number of challenges. They may still be financially responsible for mortgage payments and upkeep even if they no longer live in their home. The court could look less favorably on them when determining custody arrangements if their children remained with their spouse. They may even lose access to financial records that could be key to creating a legal strategy for the property division process.
Whether you choose to remain in your marital home or choose to leave it, it is important to carefully consider your options during a divorce. By considering your priorities and seeking guidance, you can make choices that protect you today and support your goals for the next stage of your life.