Resolution Through Negotiation

Family law and child custody representation in Minnesota's Twin Cities.

Moving out of the marital home

On Behalf of | Oct 20, 2016 | Divorce |

One aspect that some couples in Minnesota fail to completely consider during the beginning stages of their divorce is moving out of the marital home. Both parties may have a lot invested into the property and have valid reasons for wanting to remain put. However, doing so could create some complications in the near future. To avoid having the courts make an undesirable decision about who gets to remain in the home, ex-spouses should work towards resolving the matter themselves.

Divorcing couples should sit down together to discuss their options. They may want to do this with a mediator or counselor present so they can meet their objectives amicably. They should have a clear idea of their post-divorce situation and how it pertains to the house and finances. Other important points of discussion should include whether or not the property will be owned jointly, the exclusivity of its use and boundaries and the right to ownership of appliances, furniture and possessions, states Forbes. Neither party should make assumptions about their living situation.

According, if there are kids, their best interests should be priority. It may seem like a good idea for both parents to continue living together under the same roof. However, if the relationship between them is not good, it could create a toxic situation for the children. If their divorce has not been finalized yet, both parties should try to reach an agreement that allows them to continue to split their living arrangements and responsibilities without negatively affecting the children. If there are no kids involved, former spouses have a little more flexibility in presenting their desires for the home to each other.

Deciding who should move out of the home in a divorce is not easy. Careful consideration should be given to one’s current and post-divorce situation and their former spouse’s wishes.