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  • Leaving the matrimonial home

    Hi ,

    Just wondering what the legal ramifications are of moving out of the matrimonial home before separation docs and divorce are complete? Any information would be appreciated.

  • #2
    Originally posted by jojo55 View Post
    Hi ,

    Just wondering what the legal ramifications are of moving out of the matrimonial home before separation docs and divorce are complete? Any information would be appreciated.
    You have provided no information on your situation. Usually it is a really bad idea to leave the matrimonial home.

    FN

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    • #3
      Cardinal sin #1, hands down!!

      If you have kids and leave the home without them and without a proper separation agreement, you have just handed primary residence and maybe sole custody to the other parent.

      Very bad idea. The first thing a lawyer will tell you is that.

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      • #4
        A twice-divorce friend of mine suggests that if you have kids and you think it's absolutely necessary to leave before the paperwork is done, then you should arrange counselling for your children. It will be good for them, as well as demonstrate that you're a responsible parent.

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        • #5
          Leaving the Matrimonial Home

          Almost two years ago now, I had to do exactly that, leave the matrimonial home.

          I felt I had no other choice. I was in an mentally and emotionally abusive relationship that felt like it was about to turn physically abusive, again!

          I have three childern 21, 20 and 14 all three stayed in the home with their father. I did tell them my plans and asked if they wanted to come with me. They chose to stay because of school, friends and boyfriends.

          I felt that I was already turning their world upside down and didn't want to cause them anymore upheaval by forcing them to leave.

          My soon to be (finally) ex-husband has always been good to them so I left.

          It has been hard to say the least. I had to go home to my mother but my main concern was getting out of my situation. I don't recommend this route if you can help it and your lawyer won't either.

          My ex has made seeing my girls very difficult. I only get to see them on holidays as it is. Almost two years later I'm still trying to hammer out a separation agreement and get him to agree to sell the house.

          Ever since I left I have been paying him support even though he makes almost $20 thousand more than I do. Finally my court date is coming up in June and I'm terrified to see him.

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          • #6
            I was asked to leave twice. I moved to the loft of the house (that she kept). My little one was wondering at first what I was doing there. My first stay for 8 months and we tried to make things work. The second time was for 4 months. It was unbearable at that point so I left. I didn't want to leave my daughter. I was really difficult to see her couple hours a week after that.

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