When Should You Move Out of the Matrimonial Home In Your Separation or Divorce?

When Should You Move Out of the Matrimonial Home in Your Separation or Divorce?

Now, the real truth about whether you should move out of the home in your separation or divorce.

Unfortunately, the answer to this question is not clear at all.  It really does depend on the facts of your situation.

The first thing you need to know is this:  you do not in any way lose your property rights if you move out of the home.  You are still entitled to your financial interest in the home regardless whether you are living there or not.

In many cases, you would continue to live in the home when you have children living with you in the home.  The parent living with the children would normally be considered the primary caregiver for the children.

However, in many situations, the other parent will still be living in the home as well during the separation or divorce.

In fact, the Ontario Family Law Act gives both married spouses an equal right to possession of the matrimonial home.

As a practical matter, when you are the primary caregiver for the children or an equal caregiver for the children, you do not want in most cases to move out of the home without the children.

By continuing to raise your children in the home, you are more likely to get the child custody arrangements you want in your separation or divorce.

You and the other parent should try to work out a parenting time agreement as part of your separation or divorce.

For example, you are more likely to get an equal parenting schedule if you can establish an equal parenting schedule as soon as possible after your separation or divorce.

It can be difficult to force the other parent to move out of the home.  Ontario family law clearly states that continued shared use of the home must be more than unpleasant or inconvenient in order for a court to force a parent to move out.

If you move out of the home without the children, you are then required to pay child support for the children as well as possibly spousal support.

If you move out of the home with the children and the other parent is the primary caregiver or has equal involvement in raising your children, you could end up in family court to deal with the child custody and access issues.

You really must sake sure you spend some time discussing this important issue with your family lawyer in your separation or divorce.

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office.  You can leave a message on my Facebook law office page or call me directly at 905-434-8837.  We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group?

Go here to find out more:  Durham Region Separation and Divorce Legal Support Group