When is it considered "Moving out"

NohoTwoPointOh · 2021-08-25T14:42:00+00:00

You have had this answered in each of your posts.Your hind parts are either living/sleeping at home, or they are not.

crypto_keeper88 · 2021-08-25T15:20:18+00:00

If you’re not sleeping at home then you have moved out! Get back to home!

RalphWastoid319 · 2021-08-26T16:32:15+00:00

The moving out part primarily has to do with custody, not marital assets. Your last post made it sound like you had young kids, but that is not the case.

I would talk to an attorney, but at this late stage in the game, not sure it would make a difference if you move back or not. Your daughter will very much want to stay with her friend group for the remainder of her HS time and would likely resent moving away. She is old enough that some judges will weigh her desires in a custody decision. Again, only a local attorney could answer this for you.

CA is a community property state, so most assets would be divided. I would be more worried about alimony after your stbx has not worked in so long. That could be a financial nightmare.

SzDiverge · 2021-08-27T14:45:00+00:00

The general consensus is absolutely do not move out without speaking to a lawyer.

Can you do it without any issue? Maybe.. but why invite the possibility of massive risk and a huge uphill battle?

You really need to be in risk mitigation mode here. You want to reduce the risk of the court ruling against you for moving out.

At the same time you want to minimize the risk of her claiming false DV charges. The best way to do this is to only have discussions with her publicly and carry a tape recorder to record conversations. I’d consider installing cameras in common areas.

I didn’t do cameras and voice recording through my process. But I did Make sure to only discuss things with her publicly.

I lived in a spare room in the basement for about 10mos before we sold the house. It sucked but was better than risking a judge ruling abandonment.

TLDR: do not move out until you talk to a lawyer!

thedarkaquarian007 · 2021-08-25T18:56:03+00:00

Hire a lawyer and file for divorce. If you have to " move back to your mother's house" you need to get out of the marriage. BTW...a lawyer will most likely tell you to get your ass back in that house! It could be considered abandonment. And can hurt you regarding custody, alimony, child support etc. Move back in, buy some audio and hidden cameras and gather as much evidence about her. Then file for divorce.

No_more_BPD_2020 · 2021-08-25T19:03:54+00:00

I dunno your situation, but if you're worried about protecting your assets, a lawyer is the right person to ask.

This stuff is very confusing, and a good lawyer can tell you exactly what to do.

Title	When is it considered "Moving out"
Author	altern8_me
Upvotes	7
Comments	10
Date	August 25, 2021 2:30 PM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/pbcemd/when_is_it_considered_moving_out/
Archive Link	https://theredarchive.com/r/Divorce_Men/when-is-it-considered-moving-out.1064758 https://theredarchive.com/post/1064758

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