Do I Have To Move Out Of My Home During A Divorce?

In Oregon, spouses do not have to live separately to be eligible to file for divorce. However, during the divorce, a spouse may have to leave the marital home for safety, relocate for a job or live separately from the other spouse. Although some divorcing couples have polite, friendly and agreeable interactions, other spouses have conflict and hostility with each other in some divorce cases. Sometimes, abuse may have led to the divorce or arose out a spouse wanting to end the marriage. If that is your situation, then moving out of the house may keep you safe and protect you during the divorce.

When a spouse moves out of the marital home, it may result in negative consequences regardless of the reason. If spouses purchased the house during the marriage, it is a marital asset, and both parties likely have an interest in the property. Oregon law divides such property using equitable distribution based on what is fair but not necessarily equal. Therefore, if a spouse moves to a new residence during the divorce, the court may award the marital home to the other spouse who currently lives in the house. If one of the spouses bought the house before marriage, it is separate property. The other spouse may have to move out become they do not own the residence. However, if the couple used marital funds for the maintenance and financial obligation of the house, then the home may change from separate property to marital property. Moving out of the home may also affect child custody and parenting time if one spouse leave and their child remains in the house. In determining what is in the child's best interest, the court may award custody to the parent that lives with the child.

Although a spouse does not have to move out during the divorce, it may be necessary to leave because of domestic violence issues. Under the Oregon Family Abuse Prevention Act, a spouse who is a victim of abuse by the other spouse can seek a protection order. The court must show that abuse occurred within the previous 180 days of filing for protection, the accused spouse is a threat to the other spouse, and the victim is in immediate danger. In addition, the judge may require the accused spouse to stay away from the accusing spouse. Therefore, moving out of the house may not be a legal requirement but necessary for the safety and welfare of the spouse.