Our Services
- Divorce
- Child Custody
- Child Support
- Guardian ad Litem
- Collaborative Law
- Alimony
- Paternity
- Prenuptial
- Post-Divorce
- Divorce Appeals
- Visitation
Sullivan Taylor & Gumina, P.C.
1250 E. Diehl Road
Suite 400
Naperville, IL 60563
Phone: 630.665.7676
Fax: 630.665.8630
Google Map of the office
DuPage Divorce Law Q & A: What Happens When you Move Out of the House?
Property Rights:
If you have ownership rights to your home (a subject for later discussion), you don't give up your rights to ownership simply by moving out before or during a divorce case. In the present economy, many people are choosing to live together even during divorce in order to save money. If a spouse moves out temporarily or permanently, he or she does not give up any right to ownership they had to the home. They may have an obligation to pay part or all of the bills related to the home (what divorce lawyers call "maintenance of a marital asset") but they do not give up whatever right they may have to part or all of the value (equity) in the home.
Parenting Rights/Custody:
If, however, you have children and are the primary caregiver (let's be honest, in the majority of cases that is the mother), that person should not leave the home without the children. The other party may claim that the primary caregiver abandoned the children, giving that party a potential advantage in a parenting/custody dispute. In a situation where the parties cannot live together at all, obviously it is best if the primary caregiver remains in the home with the children to minimize disruption in their lives. You may have your divorce lawyer bring a petition (a request to the court) for "exclusive possession" of the marital residence. If the parties are fighting, etc., the Court may grant this Petition and require that one party leave the home and move out during the divorce case to help avoid conflict. On the other hand, in this economic climate some judges are not granting these petitions except in extreme circumstances. Facts of every case vary widely and you need advice for your own special situation.