Rights to the Family Home are not Forfeited by Leaving the Home

Moving out of the family home does not result in outright a forfeiture of the home.  You need to confer with your Annapolis, Maryland attorney before you move.  There are consequences to moving although you do not give up your rights to the house.

A court has discretion to award up to three years use and possession of the family home to a spouse with custody of minor children.  While moving does not result in outright forfeiting of the value of the family home. if you move out, it makes it  much, much more difficult to convince a court to  award you use and possession of the home.

But, your rights to the home or part of its value is not impacted by who moved out of the house.  The important this is when the property was acquired.  In general, if it was it acquired during the marriage except by gift or inheritance, it is marital property.  In the vast majority of the cases, its value is divided between the spouses.

You need to take steps very carefully after considering all of the aspects of a move.  Moving could impact other parts of your family law case.  It could have an effect on when you could force the sale of the home.  It could effect your oblligation to support the family left in the home as well as the household expenses.  It could effect entitlement to alimony.  It could result in a grounds for divorce.  If you move without the children, that could impact any future claim for custody.

It is important to properly plan for a separation and divorce.  Part of that planning involves working with a Maryland attorney to develop that plan.