Who gets the house?

One of the first things people ask when they are planning to divorce is: should I move out of the house? While the answer to that question depends on your particular circumstances, generally I advise people that: if you do not want the house in the divorce and if your spouse will want the house AND be able to refinance the house in his/her name alone, AND you can come to an agreement on temporary visitation with the children (that is approved by your attorney) while the divorce is pending, you can move out. In most cases, moving out is beneficial to both parties and the children because the tension in the household goes way down when you are no longer living together.

However, there are a couple of circumstances where you should not move out. If there is going to be a custody battle and/or you cannot agree on a temporary visitation schedule with the children (approved by your attorney), you should not move out. In addition, if you are going to sell the house, you may want to stay to make any improvements you need to sell the house. Also, if you are concerned about your spouse doing things to devalue the house pending the sale you should not move out.

As always, you should talk with an attorney before you move out or make any financial decisions pending your divorce. You should also keep in mind that if you do need to stay in the house, it will not be forever, and some relief will come when the divorce is final. While it make be difficult, there is a light at the end of the tunnel.

Take care,
Allison

Disclaimer: The choice of a lawyer is an important decision and should not be based solely on advertisements. Disregard this solicitation if you have already engaged a lawyer in connection with legal matters referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of me. The exact nature of your legal situation will depend on many facts not known to me at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.