The divorce process in Canada is as complicated and exhausting as anywhere else in the world. The dynamic and all the legal and non-legal procedures can take a mental and physical toll on you. There are so many minor details to be considered during the divorce process, and it is easy to overlook the consequences of a rash step.
One of the actions many people take while going through a divorce without proper legal understanding is moving out of the shared house before the divorce is finalized. Understandably, sharing a living space can be complicated and distressful with your soon-to-be ex-spouse.
Therefore, in this article, we will discuss the act of moving out of the house and what you should take with you before your divorce is finalized. We hope this piece will help you clear any confusions or enquiries you might have.
Should I Move Out Before Our Divorce is Finalized?
The legal and straightforward answer to the above question is no. It would be best if you did not move out of the house you shared with your spouse before your divorce is finalized. According to the law, it is actually one of the biggest mistakes you can make during the divorce process.
We understand living with your spouse can be distressful, especially if the divorce is not an agreeable one. Unfortunately, most of the time, they are not. Despite the differences you might have with your spouse, legally, it is advisable that you stick around until the divorce is finalized.
What Can I Take If I Move Out Before Our Divorce is Finalized?
The answer to this question is as straightforward as the previous ones. You cannot and should not take anything.
Why? Because, as we mentioned above, you should not or at least try your best not to give in to the idea of moving out before your divorce is finalized.
In contrast to popular belief, it is actually quite normal to feel tempted to move out. Many of us cannot stand the presence, much less live, with our soon-to-be ex-spouse. Unluckily, this is a common feeling, significantly when they have wronged us.
However, no matter how tempted you feel, do not move out. Instead, you can calculate and decide what you want to take with you when you eventually move out after the divorce. Perhaps, you want a good coach, or a bigger TV, or a food processor. Whatever you want or believe should belong to you, discuss it with your lawyer.
The bottom line is, do not move out of the house before your divorce is finalized. Instead, hold tight and wait because the tormenting divorce process will come to an end.
What are the Risks of Moving Out Before the Divorce is Finalized?
Some of you, naturally, might not still be convinced. You could be dwelling over moving out, so we will discuss some of the risks you are bound to face as a result. Perhaps, understanding the level of risks you might put yourself into will persuade you to change your mind.
When you move out, in the eye of the law, you will be considered as the one who abandoned your family. This means your spouse can claim you left. In exchange, the probability of your spouse receives full custody of the children and the full ownership of the house and related assets will be extremely high.
As we mentioned above, one of the risks of moving out before the divorce is finalized will be losing ownership of your house. Your spouse might file for temporary ownership in the meantime. In that case, even if you would like to come back once you cooled down, you cannot. You cannot go back to the house even to collect your personal belongings, like clothes or passports.
Another risk factor to be considered is, your spouse could file and demand spousal support and child support. Besides those two factors, if you move out and rent an apartment, you will still need to bear the expenses of the house you left. This means you will now have to twice the financial costs you had previously.
Final Thoughts
To sum it all up, do not move out before your divorce is finalized. It is quite a tempting idea not to have to share a roof with your spouse any longer. However, the best course of action, considering your personal benefits, would be to stay put.
The divorce process is long and quite an awful experience for the majority of people. It is a heartbreaking decision to take a necessary one yet when one’s marriage falls apart. We understand where you are coming from with the notion of moving out before finalizing the divorce.
Nonetheless, we recommend you contact an experienced and highly qualified divorce lawyer to guide you through the divorce process in Canada. They will be able to give you the legal consultation that will work out the best for you.
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