A wooden gavel rests on a sound block beside a brass balance scale, emblematic of a criminal defense lawyer's arsenal. These items, surrounded by books and papers, symbolize law and justice. The softly blurred background evokes the ambiance of a courtroom or legal office setting.

Vacating The Marital Residence During A Divorce

Usually the largest asset subject to equitable distribution in a divorce is the marital residence and thus, you might feel that if you vacate the residence, you automatically lose your interest in the residence. However, that is false. You are still entitled to your share of the equity in the residence whether or not you live there during the pendency of the divorce proceeding. However, a more important concern is that once you vacate the residence and you establish a new residence, after a certain period of time, you will not be able to return to the residence without a Court Order or your spouse’s consent. Your spouse may change the locks and not allow you inside the residence. The reason is that your spouse is entitled to his or her privacy, the same way that you are entitled to your privacy. Your spouse would not be able to come into your new residence as he or she desires and thus, your spouse would be entitled to the same privacy.

Furthermore, when deciding to leave the residence, there are additional issues that arise, such as:

1. Will you be required to contribute to the expenses on the marital residence once you move out?

2. How will you pay for the expenses on your new residence?

3. If you have children, what will be the temporary custody arrangement and parenting time schedule?

Schedule an appointment with an experienced attorney to discuss the facts of your matter before you vacate the residence. [posted by Lynda Picinic, Esq.]

Get to know Townsend Tomaio & Newmark
Play Button
video thumbnail
What Are The First Steps in Getting a Divorce in New Jersey? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Do Courts Decide on Custody? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
Is Mediation Cheaper Than a Litigated Divorce? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Child Support is calculated | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
Determining Alimony | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Can I Prevent My Spouse From Moving With My Child Out of State? | NJ Family Law Attorneys
Play Button
video thumbnail
Final Restraining Order | NJ Divorce and Family Law Attorneys
View More videos
In Our Community
Logo for Community Soup Kitchen and Outreach Center Inc. featuring a stylized orange soup bowl with steam. Text reads: Logo of the Randolph Education Foundation (REF) featuring an open book with stylized pages, symbolizing knowledge and guidance, next to the text The logo of Mayo Performing Arts Center showcases a purple stylized Logo of JBWS with two overlapping hands, featuring the text Logo for Interfaith Food Pantry Serving Morris County, featuring a red apple icon on the left, symbolizing nourishment and community support akin to how family law attorneys provide guidance in strengthening family foundations.Logo for CASA of Middlesex County, Inc. It features a blue figure with a heart overhead, symbolizing care and protection, and the text “Court Appointed Special Advocates for Children” below. Perfectly aligning with the mission similar to Family Law Attorneys in safeguarding children's rights.
Website Designed & Managed by
Accel Marketing Solutions