Separation should i leave

In the vast majority of cases, the family home is one of the most valuable if not the most valuable asset of the marriage. The family home not only holds financial value, but most often also emotional and sentimental value, particularly if any children were born and grew up there. Understandably, one or both parties can be reluctant to leave and cut their ties with the family home.

It is always advisable for someone who is in the process of separating and contemplating leaving the family home to seek specialist family law advice before doing so.

However, the reality is, if you and are and your partner are separating, either of you or indeed both of you will permanently leave the family home. It is open to you reach an agreement with your partner in this respect, but what happens if there is confusion as to who should leave or remain in the family home and what are the implications either way? It is not uncommon for the partner who solely owns the family home to convince the other person that they must leave the family home because they do not legally own it.

These home rights must be registered with the Land Registry to prevent the party which owns the property from attempting to dispose or devalue it in any way i. If you are in an unmarried relationship, you may still have rights in connection with the property even if you do not legally own it. If your partner is abusive not limited to physical abuse to you or any children of the family, you should seek urgent advice as to the steps that you can take to seek protection in these circumstances.

Remember to think clearly and rationally — do not make hasty decisions made out of anger or sadness. Make copies of all your important documents. Keep records of everything — notes, email, text messages — no matter how trivial you think it is. The more information you have, the better.

Read our article on gathering documents for divorce or separation. Review the list of documents needed in our separation agreement questionnaire. Go ahead and open up a separate checking and savings account at the bank. Start listing your assets and property. Taking inventory of what is marital property vs. Consider all aspects of leaving — before, during, and after. Where will you live — with family, a friend, an apartment?

Will you need a PO Box to receive your mail? Little's practice is exclusively devoted to issues of family law in Burnaby, Coquitlam, and New Westminster. No matter what family law questions or issues you might be facing, we are here to help. You will receive attentive care and understanding at the office of Valerie M.

For more information about how we can assist you or to schedule a consultation with our family lawyer, please call us today. This blog is intended as general information only and is not intended to provide legal advice for any particular situation.

Please consult a qualified family law professional before making any family law decisions. Factors to consider when deciding if you should leave home after separation Here are some important considerations that may help you make the decision about whether you should leave home after separation: 1. Created by. The potential downsides are the impact on children seeing their parents in two separate living spaces, as well as the costs of running two households.

Does Separation Lead to Divorce? Separation is an alternative to divorce for most couples, but it can also be a step towards it. Some common reasons spouses separate include:. Money problems Lack of communication Infidelity Intimacy issues Abuse, and more. Married couples may choose separation over divorce for financial reasons e. They may also believe that reconciliation is a possibility. It is during separation when a couple decides if they want to permanently end their marriage or if they can overcome their marital problems and get back together.

Some states have mandatory separation periods, which is the amount of time the couple must remain separated before pursuing a divorce. The waiting period can be anywhere from 1 month to 2 years, depending on the state. A couple can remain legally separated for as long as they want.

Getting a divorce is only necessary if spouses wish to remarry. Two spouses can get separated but remain married indefinitely. Can Separation Save a Marriage? Many view separation as a clear step towards divorce. However, time apart to reflect on a relationship can be a positive thing for a couple. The outcome of a separation will always depend on the couple and their expectations. If the couple agrees to work together on their marriage, they may very well be able to build a better life together.

Spouses should agree on the purpose of a separation and what they intend to accomplish by living apart. Dating while separated and not yet divorced is possible, but not recommended. All states allow marriages to end with a no-fault divorce, meaning both spouses agree to be divorced and provide no reason for doing so.