Generally speaking, I have noticed in my Rhode Island divorce practice that many men have the same frequently asked question.
Will it hurt me with the court if I leave my house?
This question usually arises at a time when the Rhode Island couple’s marital relationship has broken down to the point where one or both parties believe it is better for them to live apart than together due to hostility, anger, grief the need for space. , or the effect it is causing on children.
Most of the men who have been my clients believed or believe that leaving the house would hurt their financial interest in the house or any chance of getting the house in settlement. However, this does not necessarily follow.
If you are about to get divorced, the Rhode Island family court judge will deal with your and your spouse’s property, debts, and conduct (among other things). Perhaps the most significant aspect that the court judge will look at is your conduct after you leave the house.
The reason is that the house is an asset and needs to be preserved. If you leave the home with an outstanding mortgage, taxes and insurance due, and you continue to pay your share of those “maintenance costs” to maintain the value of that asset, then moving out of the home likely won’t hurt your financial investment in the home. home.
However, if you were to leave the house, stop contributing to the house altogether, and then file for divorce a year later without contributing, then most Rhode Island family court judges would probably agree that you must make some adjustment to your share of any principal. (or debt) that results from the house because you evaded your responsibilities regarding marital property.
Don’t expect them to worry or consider the living expenses you might have needed to survive. That is not an aspect within the divorce process that the court must consider or account for. Although it may well be within the discretion of Rhode Island family court judges to consider your expenses, if they so choose. . . . I have yet to see a judge consider it.
Because? The judge is interested in the marital relationship. The living expenses of the spouse who left the house are not part of the “marital relationship” but something that you have voluntarily assumed. If you are unable to manage your living expenses and continue your contribution to marital assets, such as your home, then there are consequences for such financial shortfalls both temporarily and long-term depending on whether your divorce is settled or goes to trial.