30
WHO SHOULD MOVE OUT OF THE FAMILY RESIDENCE? A Guide for Divorcing Couples

Who Should Move Out of the Family Residence?

Embed Size (px)

DESCRIPTION

A guide for divorcing couples in Danville and Walnut Creek, California.

Citation preview

Page 1: Who Should Move Out of the Family Residence?

WHO SHOULD MOVE OUT OF THE FAMILY RESIDENCE?

A Guide for Divorcing Couples

Page 2: Who Should Move Out of the Family Residence?

Both Parties Have a Right to Remain

Page 3: Who Should Move Out of the Family Residence?

If you and your spouse purchased a family home together and/or if both of

your names are on the deed to the home, then you both have a legal right to the home and you have a legal right to remain in the house while a divorce is pending and until an agreement is

reached as to who should get the house in the divorce

Page 4: Who Should Move Out of the Family Residence?

Moving Out Does Not Jeopardize Your Claim on the Home

Page 5: Who Should Move Out of the Family Residence?

While both spouses have a right to stay in the home during divorce

proceedings, in most cases, you may not wish to continue living together upon filing for separation and while

your divorce is pending

Page 6: Who Should Move Out of the Family Residence?

One of the two spouses can move out of the shared family residence

without jeopardizing his or her legal claim on the home

Page 7: Who Should Move Out of the Family Residence?

Can You Agree on Who Will Leave the Home?

Page 8: Who Should Move Out of the Family Residence?

The best case scenario for all parties involved is for one of the two spouses to voluntarily agree to leave the house

Page 9: Who Should Move Out of the Family Residence?

If you agree to leave, you do not have to worry that you are giving up the right

to fight for the home

Page 10: Who Should Move Out of the Family Residence?

You should, however, speak to an attorney before deciding whether to leave the house or not in order to

ensure that you are protecting your legal interests

Page 11: Who Should Move Out of the Family Residence?

Considerations for Who Should Move Out

Page 12: Who Should Move Out of the Family Residence?

If you are deciding together who should move out of the family home,

there are a number of important considerations to think about

Page 13: Who Should Move Out of the Family Residence?

If one spouse is the primary caregiver to children, that spouse and children should usually remain in the home to

maintain stability for the kids

Page 14: Who Should Move Out of the Family Residence?

If only one of the two spouses can afford to keep the home after the

divorce, it may make sense for that spouse to stay since he or she is most likely to be the one to continue living in

the home unless it is sold

Page 15: Who Should Move Out of the Family Residence?

Protect Yourself from Abuse

Page 16: Who Should Move Out of the Family Residence?

In any situation when deciding who should continue to live in the home, the first and most important thing to

do is to protect yourself from an abusive situation

Page 17: Who Should Move Out of the Family Residence?

If you do not feel safe in the home, you should do whatever it

takes to make sure you are not in a dangerous environment

Page 18: Who Should Move Out of the Family Residence?

This may mean leaving the home to go to a shelter or other safe location, or it may mean getting a protective order to force your spouse to leave

the home

Page 19: Who Should Move Out of the Family Residence?

Protect Your Children From Abuse and Conflict

Page 20: Who Should Move Out of the Family Residence?

Protecting your children from abuse is also vitally important in a divorce

situation

Page 21: Who Should Move Out of the Family Residence?

If your spouse is being abusive to the children, you should remove your children from that situation right away to avoid risk of injury

Page 22: Who Should Move Out of the Family Residence?

You can typically get a restraining order and a court order forcing your spouse to leave to prevent your spouse from remaining in the home and continuing

to abuse your children

Page 23: Who Should Move Out of the Family Residence?

A lawyer should be consulted right away in these situations

Page 24: Who Should Move Out of the Family Residence?

File a Request for Order

Page 25: Who Should Move Out of the Family Residence?

If you wish to force your spouse to leave the family home prior to a final

decision on who gets to keep the house in divorce, you will need to file a request for order with the court

Page 26: Who Should Move Out of the Family Residence?

You’ll need to convince the court that it is reasonable, just and fair to require your spouse to leave the home pending a final decision on who gets this asset in the divorce

Page 27: Who Should Move Out of the Family Residence?

An Attorney Can Help

Page 28: Who Should Move Out of the Family Residence?

Your attorney can explain your legal rights regarding your family home and help you to make an informed choice

about whether you should stay or leave

Page 29: Who Should Move Out of the Family Residence?

Your attorney can also represent your position in court, whether you are

fighting to have your spouse removed from the home or responding to a

petition that your spouse has made to the court to get you to leave

Page 30: Who Should Move Out of the Family Residence?

We invite you to contact us at (925) 314-2320 to schedule a consultation

Click to visit: www.FamilyLawGroup.comContent provided by Best Legal Practices