Can I move out of the shared house during the divorce?
May 24, 2024 | 30,00 EUR | answered by Erwin Evers
Dear lawyer,
I am Anneliese Dornbusch and I am facing the difficult situation of a divorce. My husband and I still live together in our shared house, but the atmosphere is very tense and I feel uncomfortable in his presence. I feel the need to move out of the house to gain some distance and create a new living situation for myself.
However, my husband is strictly against it and believes that I cannot just move out until the divorce is finalized. He even threatens me with legal consequences if I go ahead with my plan. I am worried that my moving out could have negative effects on the divorce process and I wonder if I even have the right to leave the house before the divorce is formalized.
I would like clarity on whether I can move out of the shared house during the divorce and what legal steps I need to consider. Are there potential consequences or repercussions that I should be aware of? How can I proceed to fulfill my wish to move out without facing legal problems?
Thank you in advance for your support and advice.
Sincerely,
Anneliese Dornbusch
Dear Mrs. Dornbusch,
I understand your situation and can appreciate that it is important for you to get clarity on whether you can move out of the shared house during the divorce process and what legal steps need to be considered. First and foremost, I want to emphasize that as a spouse, you generally have the right to leave the shared house, even if the divorce is not formally finalized. Your husband cannot force you to remain in the shared living situation if you feel uncomfortable and deem a move-out necessary.
It is important to know that moving out during the divorce does not automatically have legal consequences. However, you should take some precautions to avoid potential problems. First and foremost, you should ensure that you have securely stored all important documents and papers relevant to the divorce before you move out. These may include certificates, contracts, bank statements, and insurance policies.
Furthermore, I recommend that you reach a written agreement with your husband outlining the terms of your move-out. This agreement can address issues such as rent payments, household management, and access to the house. Such an agreement can help prevent potential disputes and establish a clear basis for the period until the divorce is finalized.
If your husband continues to threaten legal action against your move-out, it is advisable to seek professional legal advice. An experienced divorce attorney can help you defend your rights and, if necessary, take legal action to facilitate your move-out.
In summary, you generally have the right to move out of the shared house during the divorce process. However, it is important to make certain arrangements and consider potential consequences. With careful planning and, if needed, legal assistance, you can carry out your wish to move out without encountering legal issues.
I hope this information has been helpful to you and I am available for further questions.
Best regards,
Erwin Evers
