QUESTION
If I move into an apartment and move away while we are still technically married, is she able to move into the apartment I moved out from?
Asked on Jan 12th, 2013 on Divorce - Florida
More details to this question:
My wife and I are currently going through divorce procedures. During the 6-month period before the divorce is finalized, I am planning on moving into an apartment and leaving the house. I am curious if she is legally allowed to live in my apartment during the divorce processing. We currently live in a house under just my name, but law forces her to be able to live with me and I cannot be free of her. Since we are getting a divorce, I was wondering if the same is expected of the apartment. I wish not to be around her or to be associated with her. Since the house that we live in is still in my name, do I have to continue payments for the house even if I move out and they still live there? If I stop payments and the house goes under, are they forced into living with me in my apartment? This is my main concern right now.
4 ANSWERS
If you acquired the apartment after the separation then she has no rights to it at all. The law does not force you to live with her. In fact, it expects you to be living separate and apart during the dissolution proceedings. You may need to obtain a court order to live in your house and require her to relocate. You should consult a family law attorney to review all of your facts and advise you how to proceed.
Answered on Jan 16th, 2013 at 9:55 PM
You can move out and live in your own apt without your wife. But you have a fiduciary duty to continue to support the community. That is make the house payment until the divorce is over and a determination about what to do with the house has been made.
Answered on Jan 16th, 2013 at 8:40 PM
Steven D. Dunnings
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Answered on Jan 16th, 2013 at 8:15 PM
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
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If you move out and into your own apartment, she is not able to just move in with you. Be very careful about stopping payments on the house you shared as husband and wife without an order of the court specifying your responsibilities as to the marital home. You make a reference to "they" regarding the marital home. If that is in reference to children, that is all the more reason to be cautious when considering making any significant changes to how finances are handled without the court's directive. If you are not able to afford both your own apartment and payments on the marital home, I recommend seeking relief from the Court on this issue. A consultation with an attorney so that your specific situation may be more thoroughly reviewed would be beneficial. I hope that this helps.
Answered on Jan 16th, 2013 at 8:10 PM