New Jersey residents who are facing divorce likely have many issues that need to be sorted out through the divorce process. Alimony, child support, child custody and housing are just a few. Property division is a challenge in nearly every divorce and care should be taken to understand the laws regarding it during separation proceedings.
When going through a divorce, for example, many people wonder if they should move out of the home and what would be the consequences of doing so. For couples who don’t have children, it does not usually matter who resides in the house during the divorce. The house, if purchased while the couple was married, is considered a joint asset and both parties have equal rights to it. Either party can choose to live there and buy out the ex-spouse’s share. Or the house can be sold with the proceeds split equally.
Care should be taken, however, when there is a custody dispute. If a parent seeking custody of a child moves out, it may be seen as abandonment by the court. This could work against a parent in divorce custody proceedings.
Even if there are no children involved, it may be beneficial to remain for both parties to remain in the home, assuming it is safe to do so. Divorce proceedings tend to move along faster when the parties are motivated. It is also expensive to pay for the old home and a new residence at the same time.
New Jersey residents going through a divorce may find that a legal professional can help them sort through complicated property disputes. Having the right legal information can make a tremendous difference in protecting one’s rights and interests.
Source: Forbes, “Should You Move Out Of The Marital Home? Learn From Divorce Attorneys, Not The Tabloids,” Jeff Landers, June 11, 2013
