What Are My Rights If I Leave the Marital Home?

by | Apr 20, 2023 | Uncategorized

Divorce can be an emotionally and financially draining experience, especially if both parties have not agreed on who should leave the marital home during the separation process.

Many people going through separation struggle to know their rights when it comes to the marital home. This article will answer the question, “what are my rights if I leave the marital home?” and explain who has to leave the house in a divorce, what happens if your husband or wife moves out before divorce, and how an Orlando divorce attorney can help.


Who Has to Leave the House in Divorce?

If you are wondering who has to leave the house during a divorce, the answer is: it depends.

If you are the owner of the house, you have the legal right to stay in it. However, judges can order one spouse to leave the house temporarily. Common reasons include financial issues or child custody concerns.

It’s also important to mention that if there is any domestic violence involved, the victim can request an order to ask the abusive spouse to leave the house immediately.


sad couple sitting on floor surrounded by cardboard moving boxes

What if a Judge Orders Me to Leave My Marital Home?

A judge in Florida may order you to leave your marital home during divorce proceedings. However, it should be understood that the judge does not have the authority to transfer ownership of the house.

The outcome and ownership of the marital home is typically determined by the court after both parties have agreed on a settlement or a decision has been made by the court. Therefore, if you are ordered to leave the marital home, you will still retain ownership until it is otherwise specified in the terms of your divorce settlement agreement or final judgment.

If you fail to comply with an order from the court, legal action may be taken against you. Even though it may be difficult or seem unfair, it is important to understand that the spouse who leaves is not giving up their ownership rights to the house. They are just relocating because of the separation.


woman’s arm with gold watch carrying cardboard moving box

What if My Husband/Wife Moved Out Before Divorce?

If your spouse has left the marital home before divorce, s/he still has an ownership right to marital property, including the house. However, this does not give them the right to go back to the home and take your possessions without your consent.

If your spouse is trying to come back to the marital home and take or damage your possessions, you should immediately contact local law enforcement. They will be able to assist you in preventing further trespassing or property damage from occurring. It’s also a good idea to keep a record of all the possessions and take pictures of the home to document their condition.


What Are My Rights If I Leave the Marital Home?

As mentioned above, even if you leave the marital home, you do not lose your ownership rights to it. Your spouse still needs your consent to sell or make any significant changes to the property.

As far as your rights outside of ownership go, this will depend on whether you have a written separation agreement.

If you have a written separation agreement, it is important to review your separation agreement and understand your rights under the law. Generally speaking, if you have left the marital home due to a court order or without a separation agreement in place, then your rights may be limited until a formal agreement or judgment is made.

Since Florida does not recognize legal separation, it is important to consult an experienced family law attorney. They can help determine how your financial contributions to the marital home, division of property and debts, alimony or spousal support payments, and child custody arrangements, will all come into play in determining your rights if you have left the marital home.

They can help you understand your legal rights and draft an agreement that ensures that your best interests are represented.


Orlando divorce attorney AJ Grossman

How an Orlando Divorce Attorney Can Help

An experienced Orlando divorce attorney can help protect your legal rights, including your ownership rights to the marital home. They can also advise you on how to move forward with your life and make the best decisions for your future.

Working with a divorce lawyer can feel overwhelming, but having someone who understands the system can help you save time, money, and avoid unnecessary stress.

Divorce can be a complicated and emotionally challenging process. However, with the right information and an experienced Orlando divorce attorney, you can protect your legal rights and make the best decisions for your future.

If you’re going through a divorce and want to know more about your rights concerning the marital home, contact an experienced lawyer at Leap Frog Divorce to schedule a consultation. We can answer your questions and provide the guidance you need to move forward.

Arthur J. Grossman J.D., LL.M., Esq

Arthur J. Grossman J.D., LL.M., Esq

AJ Grossman graduated at the top of his Florida law school class, has been trained in Collaborative Divorce, has a Master of Laws degree in Dispute Resolution, and is a Barrister member of the invite-only Central Florida Family Law Inn of Court. His aggressive advocacy on behalf of his clients provides hope and reassurance throughout challenging divorces.


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