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Who Will Move Out of the Family Home?

Woman removing wedding ring with a sad man in the backgroundGetting a divorce isn’t easy, even under the best of circumstances. Alongside the tremendous amount of emotional work to go through, you’ll also have practical decisions to make as well. Perhaps one of the biggest decisions is where each spouse will live during and after the divorce and who will remain in the family home.

There’s no simple answer to the question of who must move out in a divorce. State divorce laws won’t necessarily decide this for you. You may wish to enlist the help of a divorce attorney in Maryland to help you understand your choices. If you’re in the Towson, Maryland, area including Baltimore County, and would like to know more about your living arrangement after divorce, call Lebovitz Law LLC to schedule a consultation.


Whether you’re working alongside a mediator, attorney, or judge, you’ll want to take some basic considerations into mind when deciding who should leave the family home. The most important factor is your safety. If for any reason you feel unsafe in your home, you should find somewhere else to live during the divorce. Just because you move out during this process does not mean you’re giving up your share of the house or that you won’t have an opportunity to live there again in the future.

The next thing you’ll want to consider is your comfort. It’s not easy to completely uproot your life and move somewhere else, but continuing to live with a spouse you’re divorcing can be extremely challenging. It may be best for both of you if one partner moves out right away so you can both be more comfortable.

Lastly, if you have children, their needs will, of course, come first. If you’re still on good terms with your spouse, you may wish to both continue living in the house for your kids. However, children are very observant, and if you can’t get along day-to-day with your spouse, one of you should probably move out and the other stay with the children in the family home.


Since each marriage is unique, there’s no one-size-fits-all solution to deciding on your living arrangements. You may choose to both stay in the house for a temporary period of time. This can save money and can keep a regular routine for children. If your house is large enough, you can even partition it into separate quarters so each spouse can have their own space during the transition. Or, instead of one spouse moving out after the divorce, you may decide to sell the house and both partners find new places to live. This can be preferable if each partner isn’t attached to the home or if neither partner could afford it on their own.

If one partner wishes to stay in the house, they may be able to buy the other person out of their share. This will usually require refinancing if both spouses’ names are currently on the title. Lastly, a modern trend for families is called “bird-nesting.” This is when the children remain in the home and the parents take turns being in the house with them.

Keeping the House

Many times when one partner decides to move out of the family home, they may be concerned the other partner will automatically get the house. Remember, the choices you make in the first stages of a divorce are not final. It may be decided down the line that you’ll sell the house or that one person will buy the other out. If a judge is overseeing the proceeding, they’ll be operating under Maryland’s rule of “equitable distribution” to help solve the issue. This means that assets won’t necessarily be split equally, but they will be split fairly, such as one spouse keeping the house while the other receives ownership of the couple’s IRA.

Legal Guidance You Can Trust

If you have questions about this or any other aspect of your divorce, you need a family law attorney in Towson, Maryland, you can count on. At Lebovitz Law LLC, you’ll receive experienced legal advice from a lawyer who will listen and who truly cares about you. Call today to get started.

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