Should I Move Out During a San Jose Divorce? Key Considerations Before Leaving the Family Home

If tensions are high at home and you are considering filing a divorce petition in Santa Clara County, you might wonder whether it’s best to move out. While doing so can provide perspective and peace of mind, moving out can have unintended legal and financial consequences. Before you pack your bags, our San Jose divorce lawyer explains what is at stake.

Thinking of Moving Out? Property Rights in A San Jose Divorce

If you are going through marital problems, moving out may seem like the most practical solution. However, keep in mind that under the California Family Code, both spouses equally own all assets and debts acquired during the marriage. This includes the family home.

Moving out doesn’t mean you give up ownership interest in the property, but it can impact your rights in San Jose divorce proceedings. Key legal implications to consider before leaving include:

• Loss of access: You may lose day-to-day control over what’s happening in the home.
• Property division complications: One spouse remaining in the home may claim a greater need or stake in it.
• Payment obligations: You might still be responsible for mortgage, rent, or utility payments.
• Evidence of abandonment: In some cases, leaving the marital home could be spun as walking away from responsibilities.

Though moving out of the marital home isn’t an automatic forfeiture of your rights, it can weaken your leverage during divorce settlement negotiations, especially if the home is a major asset.

How Moving Out Can Affect Child Custody In Santa Clara County Divorce Proceedings

If you are filing for a divorce through the Santa Clara County Family Court and have children, the decision to leave the family home is even more complex.

The court prioritizes continuity and stability when evaluating custody arrangements in San Jose. If you move out without a clear, consistent visitation plan in place, you risk limiting your parenting time during and after divorce proceedings. Factors a judge will consider include:

• Who is the child primarily living with during a separation?
• Who handles day-to-day parenting duties like school, meals, and bedtime?
• Has either parent limited or interrupted the child’s routine?
• Are both homes safe, appropriate, and located nearby?
• Are there signs of conflict or poor communication between the parents?

To protect your relationship with your child, establish a temporary custody agreement before moving out. If that’s not possible, keep a detailed record of all parenting time and communications.

Talk To Our Experienced San Jose Divorce Lawyer Before You Move

Leaving the family home during a divorce might seem like the easiest solution, but it can come at a cost. Whether your primary concern is protecting your financial interests, maintaining parental rights, or reducing conflict, you need a strong legal strategy.

At Argyris Mah, LLP, our experienced San Jose divorce lawyer provides the professional legal representation you need during this challenging time and can guide you in making decisions that protect your future. Give us a call or contact our office online today to schedule a confidential consultation.

Sources:

leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=FAM&tocTitle=+Family+Code+-+FAM

santaclara.courts.ca.gov/divisions/family-division