If I Move, Do I Lose the House?
Does moving out of the house constitute walking away from it? Are you giving up your rights to the house when you pack up and leave? Do I have to take everything I want when I leave the house or can I come back at the end of the divorce and get some of my stuff?
These are all important questions that, unfortunately, take a lawyer to answer since every case is different. Indeed, moving out can demonstrate that you don’t want to keep the house at the end of the case, but not always. But an economic interest in a marital home is rarely impacted by a decision to leave the house, meaning any share in the house you may have is typically not affected by your absence.
This is not to say a decision to leave may not have consequences since it definitely can. For example, the decision to vacate the home where your minor children live, without an agreed-upon parenting schedule in place, maybe looked at by a court in considering where the primary residence of the children should be. The decision to leave is one you should thoroughly discuss with your lawyer.