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Is it best to leave the home during divorce?

Although no one marries with a plan to divorce, marriages that end early are becoming more common every day. Just about everyone knows divorce can be difficult. Sometimes the questions that arise when someone is facing the end of their marriage can be hard to answer. One such question for those in Clinton Township who are facing divorce is what to do with the home?

 The tabloids are full of stories of celebrities who go through divorce. Sometimes, the stories and reports in the media that surround these divorces can actually make inaccurate claims. One such article recently reported that both members of a celebrity couple who have filed for divorce are still living in the their shared apartment. The report stated that if either spouse decided to move out he or she would risk losing ownership of the apartment to the other.

However, according to several divorce attorneys that report is not accurate. If the couple in question acquired the apartment while they were married, it would still be joint property and part of their joint assets. As such it would have to be divided like any other property in the divorce settlement, no matter who is living there. Home ownership and custody of children is another common question. According to several attorneys, whether or not a spouse is still living in the home doesn’t play a factor in determining custody rights.

 If a person has questions regarding his or her property division with a spouse in a divorce, including the home, it is probably a good idea for him or her to speak with a divorce attorney.

Source: Forbes, "Should you move out of the marital home? Learn from divorce attorneys, not the tabloids,” Jeff Landers, June 11, 2013.

Lorrie J. Zahodnic

"I will hold you up until you can stand on your own two feet."

Lorrie J. Zahodnic, P.C. has provided skilled and compassionate legal guidance to Michiganders in family law matters for over 20 years.

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