What Happens if You Abandon the Marital Home?

When two spouses decide to get a divorce, it is not uncommon for one person to move out of the marital home before the divorce is finalized. This is particularly true if there is a great deal of anger and resentment between the two spouses and they find it difficult to be civil with each other. There is a common myth that when one spouse leaves the marital home, they have ‘abandoned’ it and therefore, have no right to the property. This is not true. Below, our Orlando property division lawyer explains further.

The Marital Home is a Marital Asset 

When two spouses have purchased a home together during the marriage, the property is considered a marital asset. This means that both spouses own the home and have a right to it. This remains true even if one or both spouses move out of the property. Due to the fact that a home in a marriage is marital property, it must be divided during divorce. Florida is an equitable distribution state, which means that marital property is divided fairly. This does not mean that marital property is always divided equally. When dividing a property as large as a home, there are several ways to do it.

How to Divide the Marital Home 

There are many ways to divide a marital home during divorce. One of the most common ways to divide a home is to sell it. If there is a profit from the sale, it is divided between the two spouses in the fairest manner possible. Likewise, if there is more owed on the home than what it sells for, the remaining debt is also divided between the two spouses.

When a couple has minor children together, issues of time-sharing and parental responsibility must be resolved. Once they are, the parent with the majority of parenting time can often remain in the marital home with the child. This is thought to be in the child’s best interests, as it can provide them with a sense of stability and security. The parent remaining in the home is usually responsible for paying the mortgage, as well as the cost of maintaining the home. After the child turns 18 years old, the home can then be sold just as it would be during divorce.

Lastly, one spouse may decide to remain in the home. In this case, they would have to buy their spouse out of their share of the property. If there is a significant amount of other marital assets, they will often go to the spouse who will no longer own the home.

Our Property Division Lawyer in Orlando Can Advise On Your Case 

When going through a divorce, you will have many questions. At Anderson & Ferrin, P.A., our Orlando property division lawyer will answer all of yours so you can make informed decisions that make sense for you. We can also negotiate with your spouse so you obtain the best possible outcome. Call us now at 407-412-7041 or contact us online to schedule a consultation and to learn more about how we can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html