The early stages of divorce often involve many abrupt changes. People often freeze some of their financial assets. They stop pulling money from joint savings accounts and close shared credit cards.
They may have to find someplace new to live. If they have children, they may scramble to work out a temporary schedule for dividing parental responsibilities. Some of those decisions can be more difficult to make than others. For example, spouses preparing for divorce in Washington are often anxious about the idea of moving out of the marital home. They may have heard stories about unfavorable property division determinations in cases where one spouse has abandoned the marital home.
Does moving out to keep the peace during a divorce constitute abandonment and eliminate one spouse’s interest in the marital home?
Abandonment is about more than a spouse’s address
Washington state statutes define abandonment in terms of relationships. Abandonment occurs when a parent or spouse ceases providing practical and financial support for immediate family members. Such behavior can lead to civil claims and even criminal prosecution.
In a divorce scenario, one spouse could face allegations that they abandoned the marital home by leaving it to live elsewhere. Claims of property abandonment can theoretically complicate asset division during a Washington divorce.
However, the act of moving out on its own does not constitute abandonment. The spouse alleging abandonment typically has to prove that there was a total cessation of practical support and financial contributions. Even then, the spouse accused of abandoning the home likely has an interest in any equity they accrued up until that point.
Frequently, those preparing to move out of the marital home during a divorce have to make difficult financial decisions. They may need to continue paying toward the mortgage or performing certain forms of maintenance around the property.
Factors including the overall income of both spouses and any temporary arrangements they have for their assets and children can influence what exactly happens during the property division process. Most of the time, spouses can protect their interest in home equity if they have proper support early in the divorce process. They may need to discuss their situation at length to properly protect themselves.
Reviewing personal resources and concerns may be beneficial for those preparing for an upcoming divorce. Avoiding behaviors that could constitute abandonment may help people retain their financial interest in the marital home during the divorce.
