Prior to a divorce filing, is it detrimental legally to the party moving out to temporary housing in terms
of eventual sale of the house or any other ramifications?
1 Answer from Attorneys
Yes it can be, but more so practically than legally. If you are moving out for personal safety reasons, do so. If you do, seek legal recourse immediatley to see if you can get moved back into the house and force the other party out.
Who ever is living in the house will most likely have first dibs on keeping the house in the property division, unless there are other issues that could prevail.
Who ever is living in the house, has much more practical control of how the house gets sold.
Who ever is living in the house has control of the personal property and all the records (unless you take them with you).
Legally, it is not detrimental to move out if you do not want to ultimately own the house yourself. If you have children, you do not want to move out unless you take them with you or have a signed parenting plan defining your rights.