QUESTION
If my children and I move out of our home away from my spouse, will he have a good chance of getting the house?
Asked on Jan 23rd, 2014 on Divorce - Idaho
More details to this question:
We are filing for divorce. We can't live under the same roof while we do so. He won't leave and keep involving my children in our problems. I need to get my children away from him.
7 ANSWERS
4 Awards
In Louisiana, moving out of the family home prior to filing for divorce does not necessarily prejudice a party from obtaining the exclusive use of that home pursuant to a court order. A party having custody of children may have an advantage in that situation. This is intended as general information only. You should consult immediately with a family law attorney regarding your specific facts and circumstances.
Answered on Jan 27th, 2014 at 10:35 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona, and in my experience, moving from the house will not constitute an abandonment of your claim to your community share of any equity in the house. It is important for you to consult with an experienced family law attorney in your area to review your options.
Answered on Jan 27th, 2014 at 10:35 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Decision is for the Judge. Impossible to say.
Answered on Jan 27th, 2014 at 5:02 PM
You need to file a motion with the court asking for a move out order for him. You can move out temporarily, and tell the court how disruptive he is. You should get an order for him to move out and you to move back in.
Answered on Jan 24th, 2014 at 5:46 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. You are each entitled to one-half of the value. If you need the place for the children to live, chances are you can get the court to order him out and let you live there until the youngest turns 18.
Answered on Jan 24th, 2014 at 5:45 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Your moving out does not affect the property division. Property is divided in a just and fair manner-usually 50/50.
Answered on Jan 24th, 2014 at 5:45 PM
Moving out of the house will not in any way change how the court will decide who gets the house, particularly if you are leaving to protect your children.
Answered on Jan 24th, 2014 at 5:45 PM