How Can I Get My Spouse to Leave the Marital Home

| May 4, 2015 | Divorce |

Although leaving the marital residence, in theory, does not impact upon the ultimate outcome of a divorce, as a practical matter, it is rarely advisable to leave the marital home, particularly if you wish to pursue custody, if there are items of personal property and furnishings that you are leaving behind which are subject to equitable distribution, and/or if you wish retain the marital home after divorce.

Unfortunately, the person who leaves the marital home often finds him/herself in a disadvantaged position. The spouse who remains in the marital home is at an advantage because that spouse often remains physically with the children (it is often said the children go with the house) and has control over the personal property and furnishings.

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