Who moves out? Let us say you have already had that difficult conversation, and your spouse knows that you want to get a divorce. Now what? Do you keep living together in the family home while the legal process moves forward, or does one party pack up and move out? Ultimately, of course, separate living arrangements will have to be made, right? When and how that happens is largely up to you and your spouse. A knowledgeable local divorce attorney can help you figure out the best way to proceed.
Who Moves Out – Making an Amicable Agreement
The best-case scenario, of course, involves a grown up discussion about what works best for the family, particularly if children are involved. This will save you money, emotional turmoil, and time. Obviously, this can get more complicated than you might imagine. Splitting one household into two can be a tricky endeavor. In addition to the actual physical location for the spouse who is leaving, and the financial implications of such a move, the couple will have to think about all of the items in the family home. Is the spouse who is leaving expected to purchase all new furniture, kitchen appliances, and towels? Or can you come to an agreement as to what moves out along with the spouse who is leaving? These discussions will likely be stressful, emotional, and fraught with wavering stances on a variety of specifics. That is why it is always a good idea to put any agreements in writing.
Who Moves Out – A Court Order Forcing One Spouse Out
Sometimes, one spouse is legally entitled to the home. When the court finds that one party has the legal right to remain on the premises, the other may be ordered to leave. This might be the case if the home belonged to one spouse prior to the marriage, for example.
In particularly contentious situations, it is sometimes necessary to get the courts involved in removing one party from the family home. According to Family Code 6321, there are certain circumstances in which this might have to happen, involving an emergency wherein one party is at risk of immediate impending harm:
- There is a history of domestic violence and the court finds that it is necessary to exclude one partner from the home in order to protect the other partner and minor children from future violence. In such a situation, the determination of who stays in the home may be may on a temporary basis, and may not consider which partner is legally entitled to the home;
- The individual being excluded from the home has made threats to physically harm the spouse or custodial children in the home;
- Emotional or physical harm would likely be the result if the excluded party were to have access to the home;
- Witness statements substantiate that specific incidents of abuse have occurred , and a restraining order is necessary to protect residents of the home.