Leaving Home before Divorce | Does it matter who leaves and what happens to the rights and obligations in the property. Want to know what to do before the divorce – talk to me: 050-4095009
Is leaving home before divorce is the right thing to do?
Obviously you have much to lose in a divorce battle and not just money! You may lose control of your business, your freedom and your relationship with the children if you do not manage things wisely. With 2 decades of experience in achieving fair divorce agreements I will answer you in advance a large part of your questions and concerns and show you how to avoid legal and financial problems.
Leaving the house before the divorce
Who should leave the house? Is it right to leave home before obtaining divorce? First of all, it is important to reassure that even if the spouse chooses to leave the house, his departure will in no way infringe on his property right, the other party cannot do with the property as they please, for example to change the house locks.
Leaving home before a divorce agreement
Divorce is not a pleasant thing and as such, when a spouse informs his or her spouse about their desire to divorce, the atmosphere in the home can become murky to the point that he or she is intolerant of the spouse.
It is important to know that one party to the divorce cannot force the other party to leave the house, this can only be done by consent. Leaving home on its own cannot harm the divorce process, so it is sometimes advisable to do what will facilitate the procedure and of course in consultation with a divorce lawyer. If a person does choose to leave home before the divorce, it is important to remember that until the division of assets divides the property that the couple have accumulated from the date of their marriage, then in practice each spouse can do as much as he or she pleases in the joint property. Therefore, if there is a suspicion that the spouse is trying to smuggle or hide property in the absence of the other spouse, you can apply to the court which will issue various orders to thwart his actions in order for the rights over the property to continue to be preserved.
Did you forget to sign the parents on a loan agreement for buying an apartment?
In most cases, an apartment is the most expensive property that a couple purchases. Sometimes the parents assist in buying the residential apartment and for this purpose, lend money to the couple without documenting or protecting this significant financial investment. In a divorce proceeding, as long as there is no documentation or a loan document, it could create an additional dispute in front of the spouse, as it will not be possible to charge the other party with the refund of the sums given by the parents. Signing a loan agreement with both spouses can prevent further and lengthy legal proceedings.
My recommendation is to have the parents sign an agreement if you have received a significant loan from them in order to avoid the legal complications involved in the absence of such a document. It is important that the agreement is signed by the parents and both spouses. You will avoid mental anguish and even a very significant financial loss, if you make sure you have a document attesting to the loan. If you are divorcing and have such a document, be sure to present it to your lawyer so that he can make the right use of it for you.
Dividing an apartment in a divorce with children
An issue that causes many concerns among those approaching the divorce process, is the division of the apartment, and especially the division of an apartment in a divorce with children. The apartment can be sold to a third party or through an official receiver and share its profits, but it is important to note that there are advantages in transferring the husband’s share of the apartment to his wife as part of the division of property between the spouses. For example, the children will have a stable and familiar living environment even after the divorce, savings in accommodation fees as part of alimony and more.
Opening a divorce case
Opening a divorce case is the starting point for the entire divorce process. A dispute resolution case should be opened either in the family court or in the rabbinical court, depending on whether it is more appropriate for you to go through the divorce proceedings in the rabbinate. The answer to this will be given by a divorce lawyer. If, after opening a divorce case, one of the spouses is not interested in staying with his or her spouse in the same house until the divorce itself, in general, there is no impediment to leaving the home before divorce. But it is important in such a case to consult a family lawyer in order to check the circumstances of the specific case and be able to recommend how to act.
