Will there be a problem for who leaves the house first.

If i leave my house fisrt before filing
an devorced first, then after i file an
devorced could i loose my share of the

Asked on March 23, 2018 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Moving out of the marital home should not affect your right to your share of the value of the home--that  is, a share of the proceeds when it is sold. However, it may affect whom the home is awarded to in order to live in if you move out and your husband stays: the person who stays in possession has a stronger claim to live there. So if, for example, your husband wants to keep living there for a time, he may have a better claim than you to do so (since by moving out, you showed less attachment to or need for it), then when the house is eventually sold, you still get your share.

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