If you are facing a divorce in Rhode Island and are considering moving out of the marital home, you may be wondering how this decision may affect your claim to the property. It is a common concern, as many people worry that leaving their house could hurt their chances of keeping it.
In Rhode Island, the court considers many factors when determining how to divide property, including the marital home. While moving out of your marital home will not result in the complete forfeiture of your claim, it may harm your chances of keeping the home, depending on your situation.
Factors that can affect your claim to the marital home
Regardless of whether you decide to move out of your marital home during the divorce process, both you and your spouse will retain rights to the home because Rhode Island is an equitable distribution state. However, if you do decide to move out, it is important to avoid appearing as if you have abandoned your interest in the property.
While moving out doesn’t automatically mean you will lose the marital home, it may lead to complications. If there is no clear legal agreement or court order in place regarding the home, your spouse may argue that your absence implies you have abandoned your claim to the property. However, if there are safety concerns, temporary separation agreements or other reasons for your move, the court may still consider your right to the home during the divorce proceedings.
Additionally, factors such as your financial contributions to the home, whether you have children, and the overall circumstances of your marriage will also influence the court’s decision about the marital home. For example, if the home is considered the primary residence for your children, the court may lean toward awarding it to the spouse who has not moved out of the home to maintain stability for the children.
Depending on your situation, it may be helpful to seek legal guidance before moving out to help ensure that moving out will not harm your claim to the marital home.
