Will moving out cause me to lose a house?

[ylloh37]

What is the name of your state (only U.S. law)? FL

If I were to separate from my spouse and move into an apartment (across from my child's school for transportation reasons) would I jeopardize my claim on one of our properties should we divorce (we have 3)? Would this hurt me in any other way? How about regarding custody? I'm planning on an uncontested divorce and will try to do the paperwork/filing myself with shared custody?

Should we agree in writing before I physically move? Will this be legal when we go to court? Thanks.

 

[Ohiogal]

What is the name of your state (only U.S. law)? FL

If I were to separate from my spouse and move into an apartment (across from my child's school for transportation reasons) would I jeopardize my claim on one of our properties should we divorce (we have 3)? Would this hurt me in any other way? How about regarding custody? I'm planning on an uncontested divorce and will try to do the paperwork/filing myself with shared custody?

Should we agree in writing before I physically move? Will this be legal when we go to court? Thanks.

How are you going to afford the apartment and your portion of the marital debt? You wouldn't jeopardize your claim to your share of marital property HOWEVER you would possibly jeopardize your ability to pay for it.

You are planning on an uncontested divorce? What is your spouse planning? Do you agree upon everything?

As for custody, is the child moving with you or staying with the other parent? if you have three proprties GET AN ATTORNEY.

 

[ylloh37]

The house is rented and I would continue to rent it for 3 years while my son's in school, then I plan on moving in it.

I wouldn't make any moves unless he agrees. Which is why I'm wondering if a separation agreement would be legal. (I'm being more than fair with him and he's aware of this.)

My son would go with me because of his school, but he'll be able to go back and forth as he wants. I thought this would be easier on him adjusting to the move. Thanks.

 

[mistoffolees]

What is the name of your state (only U.S. law)? FL

If I were to separate from my spouse and move into an apartment (across from my child's school for transportation reasons) would I jeopardize my claim on one of our properties should we divorce (we have 3)? Would this hurt me in any other way? How about regarding custody? I'm planning on an uncontested divorce and will try to do the paperwork/filing myself with shared custody?

Should we agree in writing before I physically move? Will this be legal when we go to court? Thanks.

Moving out will not affect your rights to the property.

It could affect your custody rights. Generally, the courts prefer to go with the status quo in custody decisions. Once you move out, the kids are with your stbx so he/she has an advantage wrt custody.

In general, having a signed document from your ex saying that you moved out after the two of you agreed to shared custody is not a guarantee that you won't get hurt. The court is not bound by any signed documents until a judge signs off on them. Basically, you (or your ex) are entitled to change your minds on custody.

In practice, it varies a great deal on the court. In my case, my attorney said that once we had a written agreement signed by both of us stating that we would have 50:50 custody, I was free to move out of the house and I'd be OK with the court - particularly since we started alternating weeks right from the start. (later, my ex tried to bring up the custody, but her signed agreement was enough to make it such that she'd need to prove significant harm to the child in order to get a change) Only someone familiar with your local court's practice can tell you if that's true in your area or not.

Even if that agreement is going to be OK in your area, do not leave the house until you have an agreement and then start the shared custody arrangement immediately. That then becomes the status quo.