Will I lose my rights to my home if I move out?

UPDATED: Sep 30, 2022

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Will I lose my rights to my home if I move out?

I am a man who is living in a hostile Verbally environment. I have not yet filed for divorce but plan to shortly. I own the home with my wife. I was not originally on the mortgage 2 years ago,but we refinanced it and I became the primary. I have dumped a lot of money into this property. If I move out, am I going to lose all the equity? We have no common children but hers do live in the house.

Asked on January 11, 2017 under Family Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, moving out does not affect your ownership rights or your right to the equity in (value of) the home: that is unaffected by your living situation. It might influence the court in regards to who gets to physically keep or live in the home (though again, economic value is not affected and can be addressed separately in the divorce, and adjustments can be made, such as  giving spouse A more money or other assets if B gets to stay in the home), to reflect the fact that you moved out and have somewhere else to live. 

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