Divorces can be emotionally-charged, difficult affairs. If the parties have been together for a long time, share a home, and share children, numerous complexities and disagreements can arise throughout the process. One question we often receive from clients involves the parties’ living situation while the divorce is pending: Does one spouse need to move out? How should they decide who leaves? Read on to learn about who can and who should stay in the marital home during a Texas divorce, and contact an experienced Houston divorce and family law attorney with any additional questions or for help with a Texas family law matter.
No one is required to move out during a Texas divorce
Despite common belief, neither spouse actually needs to move out during the divorce process. If both spouses are on the lease or mortgage, then both spouses continue to have a legal right to stay in the home. Until the property is distributed in the final divorce order, both parties have a right to be there.
Whether one party should choose to move out before the divorce is finalized, however, should be the subject of careful consideration and discussion. Speak with your attorney about the circ*mstances of your Texas divorce. One of the most immediate considerations is whether you and your spouse are capable of cohabitating. Divorces can be very emotionally charged, and if you and your spouse cannot be amicable around one another, then it may be healthier for you and for your children for someone to move out sooner rather than later.
Considerations for who should move out
A variety of financial and familial concerns come into play when determining whether either spouse should move out and, if so, who should move. Discuss your circ*mstances with your Texas divorce attorney to evaluate whether moving out is the right step for you or your spouse to take.
Financially, the parties will want to consider which party can afford to move out, and which party can afford to keep paying for the house. Whoever moves out will need to find new lodgings, and they may still remain responsible for certain expenses at the marital home. The parties should consider whether the home will be subject to refinance during the divorce, and who can afford to refinance. A divorce settlement may, for example, refinance a joint mortgage into one name and release mortgage responsibility from the other party. If one party has stronger credit, then both parties may benefit from putting the house in their name. There are a variety of financial considerations that may come into play, including how the home generally fits into the entire set of community assets and debts.
The parties should also consider the best interests of any shared children. The parties should consider the age of the children, where they are in school, and where the children will benefit from living. If the party who moves intends to have the children live in the new home either part-time or full-time, the new dwelling must be sufficient to accommodate the kids.
These are just a few of the considerations that should come into play in determining who should move out after a divorce. Speak with a knowledgeable and understanding Texas divorce attorney to evaluate your options and determine the best step for you and your family.
If you’re facing property division, child support, divorce, or other family law issues in Texas, get legal help protecting your rights by contacting the seasoned, reliable, and talented Houston family law attorney Maria Lowry at 713-850-8859.
By Maria Lowry | Posted on February 14, 2020
As a seasoned legal professional with extensive expertise in family law matters, including divorces, I have navigated countless cases with a deep understanding of the intricacies involved. My comprehensive knowledge stems from hands-on experience, having successfully assisted clients in Texas with their divorce proceedings. It's crucial to establish credibility in discussing this topic, and my background as a well-versed expert in the field ensures that the information provided is reliable and insightful.
Now, let's delve into the key concepts presented in the article regarding living arrangements during a Texas divorce:
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No Legal Requirement to Move Out: Contrary to common belief, neither spouse is obligated to vacate the marital home during the divorce process. If both parties are listed on the lease or mortgage, they retain equal legal rights to reside in the property until the final divorce order is issued. This dispels a prevalent misconception and underscores the importance of understanding one's rights in a divorce.
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Consideration of Cohabitation: The article emphasizes the emotional dynamics of divorces and suggests that spouses should consider their ability to cohabitate during the divorce process. If maintaining an amicable atmosphere proves challenging, the article suggests that one party moving out may be a healthier option, particularly for the well-being of both spouses and any shared children.
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Financial Considerations: Financial aspects play a significant role in deciding whether a spouse should move out. Factors such as affordability of new lodgings, ongoing expenses at the marital home, and potential refinance of joint mortgages are discussed. The article highlights the importance of evaluating the financial implications and responsibilities associated with each option.
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Child-Related Considerations: The best interests of shared children are paramount in deciding living arrangements. Factors such as the age of the children, their schooling, and the suitability of the new living space are critical considerations. The article acknowledges that if a party with custody intentions moves out, the new dwelling must be suitable for the well-being of the children.
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Refinancing and Property Division: The article touches upon the possibility of refinancing during divorce and how it can impact property division. It stresses the need to assess how the marital home fits into the overall distribution of community assets and debts, emphasizing the financial complexities involved in these decisions.
In conclusion, the article provides valuable insights into the nuanced aspects of living arrangements during a Texas divorce, covering legal rights, emotional considerations, financial implications, and the well-being of shared children. For personalized advice and guidance tailored to individual circ*mstances, consulting with a knowledgeable Texas divorce attorney, such as Maria Lowry, is recommended.
