In the state of California, moving from the family residence is not considered abandonment of the property. Your move does impact issues pertaining to reimbursement claims (ie payment of mortgage, property taxes and homeowners insurance compared to fair rental value for the party remaining in the home). The final disposition of that property is not dependent upon who is residing in that property. However, the party that continues to reside in the home, if able to afford it, is generally granted "first right of refusal" to stay as you have evidenced an ability/interest to live elsewhere. Unfortunately, as with all family law questions, there is no simple answer as resolution of one question generates a few more that require further review. I would recommend that you speak with local attorney before too much time goes by after you move from the home.
Answered on Oct 17th, 2013 at 4:35 PM