No, moving out of the marital residence after you file for divorce does not waive your claim to any interest in the house. When a house is purchased during a marriage with marital funds (funds earned during the marriage that are not, in any other way, the separate property of one person), and titled in joint names, moving out of the house does not mean you are giving the other person all of the interest in the house; it doesn’t even mean you are agreeing that the other person will get the house in the final division of assets. There are many reasons to move out of a house when a divorce is pending, but there are concerns as well including: payment of the mortgage and household bills, and upkeep of the residence. Before moving out of a house before or during a divorce, it’s a good idea to get in the input of an experienced family law attorney.
For any family law questions, please contact one of the family law attorneys at Sandberg Phoenix.
