Understanding Your Rights When Leaving the Marital Home During Divorce 

If you and your spouse are navigating a divorce, you likely want to part ways as soon as possible. This means one of you may decide to move out of the marital home. 

If you’ve opted to move out during your divorce, you may be concerned about how doing so will affect who receives the home in the property division process.

Understanding “What are my rights if I leave the marital home?” can help you gain peace of mind and promote a fair outcome throughout your divorce. Your divorce lawyer in Oklahoma City can help you ensure an equitable division of property. 

The Potential Consequences of Moving Out of the Marital Home

Before you begin looking for an apartment to rent during your divorce, consider the potential consequences of leaving the marital home:

• Custody rights: Moving out could affect your custody rights if you share children with your spouse. Voluntarily moving out of the home can be a form of “abandoning the family.” The court may see this behavior as evidence that you are not interested in maintaining custody of your children, leading to a loss of custody and steep child support payments. 
• Financial responsibilities: Moving out may also affect your finances. You may still be responsible for splitting the mortgage and utilities with your spouse while paying rent or other housing costs at your temporary place of residence. 
• Keeping the home in the divorce: The longer you live outside the marital home during your divorce, the lower your chance of keeping the home. A judge may automatically award the home to your spouse because it is their primary place of residence. If you have any sentimental attachment to the home and want to fight for it in the divorce, opt not to move out. 

How To Protect Your Rights to Your Marital Property

Despite the potential consequences of moving out of the marital home during your divorce, you don’t need to sacrifice any of your rights in doing so. Understanding “What are my rights if I leave the marital home?” can help you protect them. 

Under Oklahoma divorce law, you have the right to an equitable distribution of property in your divorce. This means that a judge will attempt to split your property fairly, even if that does not mean you and your spouse receive the same monetary amount. 

Should the judge award the marital home to your spouse, you have the right to receive other shared property that is approximately equal to the value of the home. Alternatively, you may receive a share of the home’s equity to make up for your spouse keeping it. 

Owens Law Office, PC, Can Help You Uphold Your Rights During a Divorce

If you’re asking, “What are my rights if I leave the marital home?” you need an experienced divorce attorney to help you protect them. At Owens Law Office, PC, we help Oklahoma City residents navigate the divorce process steps, spousal support, custody, abandonment claims, and more. 

Call 405-608-0708 today or fill out the online form for a consultation.