I’m getting a divorce in Michigan, Should I move out of my house?
When going through a divorce in Michigan you may be tempted to move out of your house. However, there are some important things you need to know before moving. No matter how hard it may be to live under the same roof, it is vital you take the time to protect your assets before making a move.
Our expert lawyers at Basiga Law Firm can help you make your plans to protect your assets and your family during a divorce.
Leaving the home you lived in during your marriage can be difficult, in particular when you have children. If child custody will be a question addressed during your divorce it is imperative to get legal advice to guide you on when is the right time to move out.
You will want to have some sort of custody or parenting time agreement in place before a move, so your spouse is not able to use your absence from the home against you in a custody case. Under Michigan law you have a right to have a temporary agreement drawn up until the final divorce settlement is reached.
In a Divorce, who Owns the House?
Besides custody and parenting time considerations, the property itself can be a determining factor on whether or not you will move from your home. Not living in the house does not mean you have lost your rights to the property.
A home is usually considered marital property if it was purchased and paid for with marital funds during your marriage. It does not matter whose name is on the deed if the property was bought while you were married.
However, if a piece of property was bought and paid for by one spouse before the marriage then the property may be considered the sole property of that individual. In addition, property inherited by one spouse during a marriage will likely be determined as belonging to that spouse versus being ruled as marital property.
What about our furnishings in the House?
Along with the physical structure of the home, you will likely own furnishings, appliances and other personal items which will eventually need to be divided between both spouses.
Before moving out, you should make an inventory of all the items for division at a later date. Photos and videos are good documentation to show everything in the house. By documenting the possessions you will protect yourself if your spouse tries to get rid of any items from the home before the property division takes place.
In Michigan, your divorce case will be handled through the family division of the circuit court. Our legal team can help you throughout the entire divorce process. Protect yourself from potential loss during a divorce.
Call our team of professionals today at Basiga Law Firm in Okemos, Michigan at 517-708-7830 to help you make plans before making a move.
We can help you plan the best course of action for your move based on the specific circumstances surrounding your divorce.