Moving out of the marital home during a divorce can affect parenting time, finances, and daily life, but it does not mean you give up your rights to your home or your children. Before making that decision, it helps to understand how housing, expenses, parenting schedules, and finances are treated and why speaking with an attorney early can prevent problems later on.
Moving Out Does Not Mean You Lose the House
Leaving the marital home does not mean you give up ownership. If the home was purchased during the marriage, it is generally considered community property whether you live there or not. However, timing matters because moving out without clear agreements about expenses and financial responsibilities can lead to problems later.
Handling Household Expenses After You Move
If one spouse remains in the home, that person is generally responsible for the mortgage, utilities, and upkeep, regardless of whose name is on the loan. However, if your name is on the mortgage or your credit is tied to the home and you move out, you may not learn about missed payments right away. By the time you find out, the problem may have grown, and you may feel pressure to step in to protect the property or your credit.
If you pay expenses that should have been covered by the spouse living in the home, that issue can be raised later through your attorney. Reimbursement may be requested either at a temporary hearing, which can occur fairly quickly in the case, or during mediation or trial in the property division, which typically occurs later in the divorce process.
Parenting Time and the Decision to Move Out
Many parents worry that moving out while the children stay behind will hurt them in a custody case. That may or may not be true. Courts look closely at how involved each parent remains after separation. If you move out and rarely see your children, that may be a negative against you when parenting arrangements are decided.
Safety always comes first, especially for you and your children. When safety is not a concern, it helps to think through parenting time before you move out, so expectations are clear.
Why Talking to an Attorney Early Matters
Planning ahead is far easier than fixing problems later. Speaking with an attorney before moving out helps you understand how the decision could affect housing, finances, and parenting issues. Early guidance allows you to prepare rather than react after complications arise.
Joint Accounts and Credit Cards
Joint bank accounts and shared credit cards can become difficult to untangle once separation begins. Credit cards are usually tied to one person’s credit, even if both spouses used the card. In many cases, the spouse whose name is on the account remains responsible for the balance.
If separation is coming, you may consider dividing funds from joint bank accounts and opening individual accounts before a divorce is filed. This can also include applying for a credit card in your own name. After a divorce is filed, many courts issue automatic orders that limit changes to accounts unless both spouses agree or a judge approves them.
Work Out Parenting Arrangements Early
Until there is a written agreement or court order, both parents have equal legal rights to the children. Without something in place, misunderstandings can happen. When parents live in separate homes, it is also important to know where the other parent is living so you know where your children are and so legal notice can be served if needed.
Physically taking a child from the other parent or creating conflict during pick-ups, drop-offs, or school transitions can be upsetting for children and may reflect poorly in court. Judges expect parents to communicate openly and act responsibly. Reasonable parenting schedules can usually be worked out, even when one parent has an unusual work schedule.
Contact Paula Lock Smyth Law Offices
If you are thinking about moving out during a divorce or weighing your next steps, Paula Lock Smyth Law Offices provides guidance focused on your family and your goals. To schedule a consultation, call (214) 420-1800.
Our office is located at 2911 Turtle Creek Blvd., Suite 300, Dallas, Texas 75219.
Frequently Asked Questions
Does moving out mean I give up my rights to the house?
No. If the home was purchased during the marriage, moving out does not eliminate your ownership interest.
Can moving out affect time with my children?
It can. Until there is a written agreement or court order, both parents have equal rights. How involved you remain after moving out may later be considered.
Should I talk to an attorney before moving out during a divorce?
Yes. Speaking with an attorney first helps you understand how the decision may affect your housing, finances, and parenting rights.
Paula Lock Smyth has practiced law in Texas since 1985, focusing on Family Law, Probate, Mediation, and Collaborative Divorce. She is a trained mediator, seasoned litigator, and one of the early adopters of Collaborative Divorce in Texas. Paula is a member of the State Bar of Texas, the College of the State Bar and the Texas Bar Foundation and has served as Past President of Dallas Lawyers Concerned for Lawyers. She was a Master in the Annette Stewart Inn of Court and is a Charter Member of the Collaborative Law Institute of Texas. Her legal knowledge and decades of experience make her a trusted voice on matters that impact families across Dallas and surrounding counties.