There are many urban legends and commonly shared pieces of misinformation about the divorce process. Even people with good intentions and personal experience with divorce can provide inaccurate information about modern divorce proceedings.
For example, many people warn those in the early stages of divorce that moving out of the marital home constitutes abandonment. They tell spouses that they need to stay in the home if they want their fair share of equity. Spouses may then continue to live in close proximity to one another, which can increase their stress levels and create countless opportunities for conflict.
Does moving to a different living space diminish one spouse’s share of their marital estate or their ownership interest in their marital home?
Abandonment and moving out are different
Ohio recognizes no-fault divorce filings and fault-based divorce filings. Abandonment is one of the fault-based grounds for divorce. Claims of abandonment typically require a situation where one spouse leaves the other for a year or longer and fails to fulfill their obligations to the family, often without any rational explanation. Moving out during a divorce generally does not constitute abandonment. The marital relationship is already on the decline, and the desire for calm and stability during the divorce inspires the relocation.
Does moving out affect equity rights?
Spouses have a shared interest in home equity due to their contributions toward its maintenance. They use marital income to make mortgage payments and often perform physical labor to maintain and improve the home.
Even if one spouse agrees that they cannot live in the home temporarily during divorce, leaving does not automatically eliminate their interest in the property. They still have the right to pursue their fair share of equity or to request possession of the home and move back in after the divorce. Spouses may need to continue contributing toward household expenses to protect their interest in home equity in many cases.
Spouses who feel compelled to leave their marital home due to tensions or conflict may need to sit down with a family law attorney and discuss their concerns. Understanding the rules that apply to the division of home equity and what constitutes marital abandonment can make it easier for divorcing spouses to make rational decisions during divorce.
Reach out to a trusted family law firm today
You do not have to face this journey on your own. If you need legal support for your divorce case in Columbus, our skilled attorney has almost 30 years of experience helping individuals and families in Columbus manage their family law concerns with confidence. To schedule a free initial consultation with our lawyer, call our German Village office at 614-721-6175 or send us an email through our contact form.