Rittgers & Rittgers, Attorneys at Law
Get Your Consultation Today
513-932-2115

Can I Leave The Marital Residence?

Many people come in for their first consultation and one of the questions that they have is whether they can leave the marital residence. They want to know if it is OK to leave or if they are abandoning the house. Under Ohio law you do not lose any property interest in your home by moving out of it. The home remains a marital asset, which will be divided in the divorce.

However, there are some considerations that need to be made before making the decision to move out. 

First, if you have minor children it is important to discuss and agree upon a parenting time schedule with your spouse before moving out. It is very important for the children to have stability during this chaotic time, and to ensure that there's no confusion about where the children are going to be will minimize chaos or the need for expedited court orders regarding parenting time.

Second, it is important to discuss and agree upon the division of your personal property. Once you leave the house, you have no control over what happens to the property inside the house. If your spouse begins disposing of property, it becomes difficult for the court to value the property that has disappeared. You do not actually have to physically divide all of the property, but it is important to make a list and agree upon what property is coming with you and what property is staying with your spouse before moving out.

Third, it is important to consider whether you want to keep the house after the divorce. If there is an agreement as to which spouse is going to ultimately keep the home, then this is nothing to worry about. However, if you and your spouse both want the home, the court may give preference to the spouse living in the home. It is also important to discuss the division of expenses. Even if you move out of the marital residence, it is possible that you may be responsible for some of the bills associated with the marital residence. Discussing a plan with your spouse before you move out is ideal.

Lastly and maybe most importantly, you need to protect yourself. If your spouse is making threats about calling the police to make a false domestic violence claim, then you need to get out of the house as soon as possible. It will be much easier and a lot less stressful to go back and divide property or figure out a parenting schedule than to deal with a criminal or civil domestic violence charge.

Continue to follow our blog for more tips, information and insights into Ohio and Kentucky family law.

DISCLAIMER: THE CONTENT OF THIS WEBSITE IS INTENDED AS ATTORNEY ADVERTISING. THIS BLOG DOES NOT PROVIDE LEGAL ADVICE, NOR SHOULD ITS CONTENT BE CONSIDERED AS LEGAL ADVICE. VIEWING THIS BLOG DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE READER AND ANY ATTORNEY AT RITTGERS & RITTGERS.

No Comments

Leave a comment
Comment Information
  1. Distinguished AV | LexisNexis Martindale-Hubbell | Peer Review Rated For Ethical Standards and Legal Ability
  2. Super Lawyers
  3. AVVO Rating 10.0 Superb
  4. Super Lawyers Rising Stars
  5. Million Dollar Advocates Forum
  6. Multi Million Dollar Advocates Forum
  7. The National Trial Lawyers | Top 100 Trial Lawyers
  8. The National Trial Lawyers | Top 40 Under 40

Get Your Consultation Today. Call 513-932-2115.

Rittgers & Rittgers answers its phones 24/7. Call us anytime to secure your consultation with one of our award-winning lawyers. You can rely on us for elite representation from our deliberately small, family-run law firm.

Email Us Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us Today

Our Office Locations

Lebanon Office
12 East Warren Street
Lebanon, Ohio 45036

Phone: 513-932-2115
Fax: 513-934-2201
Lebanon Law Office

West Chester Office
9100 West Chester Towne Centre Drive, Suite 205
West Chester, OH 45069

Phone: 513-932-9949
West Chester Law Office

Cincinnati Office
312 Walnut St., Suite 1600
Cincinnati, OH 45202

Phone: 513-932-7375
Walnut Street Law Office

Blue Ash Office
4555 Lake Forest Dr.
Suite 650
Cincinnati, OH 45242

Blue Ash Law Office

Florence Office
7310 Turfway Road, Suite 350
Florence, KY 41042

Kentucky Law Office

Hyde Park Office
Hyde Park Office
3805 Edwards Rd.
Suite 550
Cincinnati, OH 45209

Hyde Park Law Office