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Tag: property division

Should You Move Out of the House Before a Divorce?

property division

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.

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