Should I Move Out of My House At the Start of My Separation or Divorce in Ontario?
I wanted to talk today about a common mistake I often see when people are first getting separated or divorced in Ontario. That mistake is the issue of whether you should move out of the house or not.
Your spouse has asked you to leave or you want to move out of the house since it’s uncomfortable to stay there with your ex-spouse.
Hi, my name is Thomas O’Malley. I’m an experienced family lawyer in Durham Region and the GTA.
I want you to be aware of certain important things before you ever move out of the home on a permanent basis.
Your spouse tells you they want to end the marriage or relationship or you tell your spouse that and that rushes you into believing that you have to leave the house now.
The first thing you need to realize that you now have much bigger expenses. You will have two households if you move out of your home. That’s much more expensive than just maintaining one household.
It’s to cost more to live just by definition with two households running now.
You need to think about what your financial situation will be if you walk out the door. What are the expectations about who is paying what bills in your matrimonial home if you leave?
Another important thought is your personal property in the home. What is going to happen to it when you have moved out of the home? You should take a video before you leave the home to prove what personal property and items are in the home at that time.
You need to have proof of what is in the house if you decide to move out.
If you have children under 18 years of age at home, you should not leave until you have a solid plan in place about your parenting time with the children and the important issue of decision-making responsibility for the children.
You need to have your parenting time with the children specifically set out so that your spouse cannot cause problems about when you specifically have the children with you and the pick up and drop off times for your parenting time with your kids.
You should really get a written agreement in place prior to moving out to avoid serious problems with seeing your kids on a regular basis.
You need to seriously think about what will your life look like, your parenting time with your children and how your spouse will be dealing with the house if you do leave the home.
You need to know exactly where you stand in terms of your parenting time with your children and the payment of household bills before you move out of the house.
Don’t let anyone tell you that you are abandoning your children if you move out. That’s a legal myth in Ontario. The bottom line is that you need to get a written agreement with your spouse about your parenting time before you leave the house on a final basis.
Your best strength in negotiating an agreement with your spouse about your parenting time and the payment of household expenses is when you still living in the home.
You have much less bargaining power if you try to have this discussion with your spouse after you move out of the home.
You should also collect your important documents, such as your tax returns and financial information, and take it with you when you move out of your home.
Here’s the bottom line: You need to have a plan before you move out of the home on a permanent basis, especially when you have children who under the age of 18.
If you have any questions about your separation, divorce or family law case and you would like our help, feel free to contact on my Facebook law office page, that’s O’Malley Family Law, or call me at 905-4343-8837 and I’ll point in you in the right direction.
Join my free GTA and Durham Region Separation and Divorce Support Group here: https://www.facebook.com/groups/DurhamRegionSeparationandDivorceLegalSupport
Please make sure to share this important information with your friends, family members and co-workers.
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