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Divorce can be an extremely difficult time. With so much happening, it can seem impossible to think clearly. This is especially true if you are both still living in the marital home. In most cases, one spouse will leave the family home during a divorce, but does leaving pose legal problems down the line? Does moving out of the family home in a divorce mean that you are abandoning your family and your assets?

The Marital Home in Florida Divorce Proceedings

In a divorce, the marital home is, more often than not, the largest asset in the divorce proceedings. It is also usually an asset which is shared by both parties in the divorce. Thus, the marital home is an important consideration when it comes to the division not only of the assets of the marriage, but also the debts.

divorce moving outIn the state of Florida, when a home is purchased by a married couple, the home is held in what is known as “tenancy by the entireties”.  Since only married couples may hold property in this manner, the deed of purchase will reflect that the couple is married at the time of the purchase.

When the parties in a “tenancy by the entireties” deed divorce, the tenancy is destroyed and both parties now reside in the home as joint tenants. In this instance, both parties maintain full ownership of the property, and both parties are entitled to 50-percent of the equity unless special circumstances (as determined in a divorce settlement) permit one party to receive a higher percentage.

When the Family Home Isn’t a Shared Asset

There are, however, instances where the marital home may not be considered an asset in a divorce. If, for example, the home was bought by one party prior to the marriage, or before they had even met the other party, then that house may be considered a non-marital asset.

Does Leaving the Family Home Mean Abandoning Your Family and Assets?

So, does leaving the family home mean you are abandoning your family and assets? Of course not.

Florida law has provisions relating to issues such as joint tenancies, as previously discussed. This means that as one of the parties who was involved in the buying of the home, you will retain your due share of the equity in the home even if you move out during a divorce.

In addition, leaving the family home does not mean you abandon your family. Rather, you are taking positive steps to shield both yourself and your children from any of the ugliness that divorce can bring.

moving forward after divorceContact an Experienced South Florida Family Law Specialist

So, if you are considering divorce, you need to contact an experienced attorney right away. As contested divorces can be difficult situations to navigate, you need an attorney who knows how to get you the results you want and need. Patrick Cordero has extensive experience in all facets of law, including family and financial law.  Call The Law Offices of Patrick L. Cordero for a free consultation today at (305) 445-4855.