We are divorcing, if I move out, will I be entitled to part of our home?

Additional Information:

My wife just ask me to move. I have no problem as I have a place to go. However, with me agreeing to her request, will this hurt me in the eyes of the court? Will the judge look at it and say “Well you moved out, you’re not entitled to the house or any part of it?”


You may want to consider seeing a divorce mediator.  It seems that your separation at this point is relatively amicable and could continue to be so with the use of mediation.  Since it is realistic that one person will have to move when couples separate and divorce it is so much better when it can be by agreement. If couples don’t agree, the issue of who leaves can become very contentious and costly.  I often suggest that couples prepare an informal written agreement between them, detailing that one party is moving in order to facilitate an amicable separation and that that person is by no way giving up their rights to the home, other marital property or the children.  That often makes couples feel more comfortable moving to the next step.  Mediation allows divorcing couples to decide the financial  and parenting arrangements with the help of a neutral impartial mediator experienced in conflict resolution and family law.

Greater Boston Divorce Mediator Attorney Tracy Fischer provides divorce mediation services and helps divorcing couples figure out important matters related to their children and financial matters.  She works with families and individuals in the Greater Boston area including the communities of : Dedham, Dover, Newton, Needham, Sherborn, Watertown, Wellesley, Weston.