In almost every Michigan divorce the topic of moving out of the house must be addressed. Moving is tough especially when going through a divorce. Every Michigan divorce has an emotional component and the decision to move out of the home is not without emotional considerations. After all, you worked hard on making your home – your home. You manicured the lawn, love your neighbors and are close to your children’s friends. However, the decision to move out of your house should not be made without consulting your lawyer and examining the impact on the decision in a Michigan divorce.
Safety considerations before you move out of your house in a Michigan divorce.
Circumstances may be so toxic at home that you may feel you have no other choice but to move out of your house. Certainly your safety and the safety of your children are paramount. However, it may make more sense for you to stay in the home and request exclusive access, forbidding your spouse from remaining in the home during the divorce. If circumstances are really bad, we can help you obtain a Personal Protection Order against your spouse to stop him/her from threatening, hurting, harassing or stalking you. A Personal Protection Order often includes an order for exclusive access.
Financial considerations before you move out of your house in a Michigan divorce.
There is often a financial cost to moving out. Especially if resources are limited and the cost of maintaining two homes is high. Sometimes the most valuable asset in a marriage is the home equity and its contents. Other times, the home is the largest debt. I often counsel clients not to make any major financial decisions in the middle of a divorce. After all, you may not have a complete understanding of your cash flow before the divorce is close to being finalized.
Considerations of alimony, property division and apportionment of debt should be examined before making a major financial decision. The financial cost of maintaining two homes is an important consideration to be evaluated prior to deciding to move out of your house. During the course of discovery, we will help you understand the nature and extent of the marital estate and determine cash flow available after divorce helping you decide if you should keep the house or decide to move out of the house during or after the divorce.
Custody considerations before you move out of your house in a Michigan divorce.
The decision to move may impact an award of child custody in a Michigan divorce especially if you decide to move and leave the children at the marital home, even on a temporary basis as doing so could impact the established custodial environment. In simple terms, the child has been living with only one parent for a while Michigan law makes it very difficult to remove a child from an established custodial environment. After all, if you left the child with the other parent, you must have thought that was best for the child. Another important consideration is the distance you move. If you move to another school district, it may result in an examination of choice of school or change of domicile.
Other considerations before you move out of your house in a Michigan divorce.
Deciding to move out of the house will not impact the ownership interest in the home.
Some people believe that if there name is not on the house they are not an owner of the house. This is not necessarily true. More often than not, if only one spouse is named on the deed, both parties remain an owner of the home for divorce purposes.
Moving from the home before dividing the household furniture, furnishings and appliances may provide an opportunity for the spouse remaining in the home to take advantage of the situation. We recommend making an inventory of the house-hold contents before you move out. This can be as simple as a cell phone video walk through of the house.
About Findling Law
Findling Law, PLC – 414 W. 5th St. Royal Oak, Michigan 48067
I have been exclusively practicing divorce and family law in Michigan for over two decades. The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles. We are compassionate, creative and always prepared. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances.That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.
By: Daniel Findling