Who Gets to Stay In the House During Separation?

If both partners’ names appear on the house title, then both have the right to stay in the house during separation. This means every party has equal rights in the home. In cases where there is domestic violence, one can get a court order to restrain the other party from staying at home during the separation. If you plan to get a court order, you must go through the court process. 

If only one spouse’s name appears on the house title, both parties still have the right to be in the house. This is because both spouses have the right to any property acquired jointly, regardless of whose name appears on the title. The other party whose name does not appear on the title could have contributed toward the property during the marriage. 

Why is Moving out the Biggest Mistake in a Divorce?

It Affects Your Child Custody Claim

Child custody is one of the main issues spouses face during separation. If you move out, you won’t get enough time to be with your children. This can harm your relationship with your children and affect child custody claims. Spending less time with your children could work against you because the court will favor the other parent spending more time with the kids. 

It Impacts Childless Couples 

Moving out during separations does not only affect couples with kids. If you are the man and decide to move out and leave your spouse behind, the court will likely require you to pay for your wife’s expenses. The expenses could include utility bills, mortgage, car payments, and groceries. This could drain you financially since you will also have to take care of your bills in your apartment. 

You Have No Access to Paperwork

Many people move out without vital documents such as bank statements, retirement papers, life insurance coverage, and credit histories, among many other documents. Leaving the documents behind could be challenging to handle your divorce process well. Your partner can even damage the documents. It is best to stay back if there is no domestic violence. But if you decide to move, ensure you carry all the essential paperwork. 

Can You Separate From Your Spouse and Live In The Same House?

You can separate from your spouse and still live in the same house. This is also known as separated under one roof. It all depends on the intention of both parties. The court will examine your status to prove that you are validly separated even though you live under one roof. Below are the elements that the court can use.

  • You longer wear your wedding rings
  • You are no longer intimate
  • You separated bank accounts
  • No more social events as partners
  • You live in separate bedrooms 
  • No more emotional support or joint plans

Since the relationship is over, partners should act as such to confirm their intentions. Partners can decide to stay separated under one roof for financial reasons, the well-being of their children, or wait for the property settlement. If you apply for a divorce, the court expects you to have been separated for at least 12 months. 

How Do You Live In The Same House When Separated?

You can live in the same house when separated. Here are measures you can apply to live without issues. 

  • Establish different bedrooms and living spaces in the home. 
  • Divide responsibilities such as grocery, laundry, cooking, and shopping. 
  • Set clear rules about dividing finances, communication, and whether you can see other people during the separation. 
  • Have alone time to figure out how you will handle the relationship. 
  • Determine how you will handle your children during separation. 
  • Set timelines for staying in the same house while separated. 

You can leave well and responsibly in the same house during separation if you learn to respect your decisions and boundaries. If you are the one who wanted the separation, be kind to the other party and understand that they may be going through emotional pain. Consider speaking with an experienced family law attorney near you, as soon as possible.