When you and your spouse begin to realize that
your marriage is not working, you might want to spend some time apart. You
might be tempted to pack up some things and find an apartment, though is it a
good idea to move out before your divorce is final?
In some cases, moving out is necessary. If
your spouse refuses to leave and they put your or your children at risk of
harm, you should not hesitate to protect yourselves. However, if there is no
threat at home, you might want to discuss this decision with a divorce lawyer
in South Carolina.
Property Division in a Divorce
In South Carolina, the law requires divorcing
couples to divide all of their marital property in an equitable manner. A house
is usually considered marital property – even if it is only in one spouse’s
name, as they likely lived together in the house and both contributed
financially to the house during the marriage.
You cannot divide a house in half. You can
sell the house and divide the proceeds, though this often does not happen if
there are children involved, as you want to preserve their status quo as much
as possible. This means that one spouse might stay in the house and the other
relinquishes ownership in exchange for other property.
If you move out, it can often be difficult to
get back in. While this is not always the case, you should seek the advice of a
trusted attorney about whether you should move out or not during your divorce.
Contact a Divorce Lawyer in South
Carolina for More Information
The Law Firm of David Parker Geis, LLC,
advises clients on matters and concerns before, during, and after divorce. Call
843.715.0661 or contact us online to speak to a South Carolina
divorce attorney today.