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Question
Posted by: ME | 2010/05/19

MOVING OUT

We have been married for 10 years. Because of ongoing battles over my children and grand children, we have discussed that it is maybe a better option for me to move out and stay on my own.
If this result in divorce later, will it disadvantage me in a settlement?

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Our expert says:
Expert ImageFamily law expert

This is a question that I get asked daily.

I would advise to move out of the house prior to the divorce if there is domestic abuse and the you feel as though your life is in danger, or the lives of the children are in danger. Abuse can be physical, verbally, emotional, financial or sexual. Should you move out of the house you will lose you right to move back in should you wish to, but you will not lose your rights to the equity in the property, depending on who carries on to pay the bond after you move out. A point may be taken in a divorce case that if a party moves out of the house and does not pay bond payments, that party will lose his/her right to share in the appreciation of the property as of date of moving out. So it is a difficult matter all in all.

You will have to build your case in the interim and gather all information that you might need in the divorce, documents, copies of bank statements etc.

For further information:

info@divorceattorney.co.za

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Our users say:
Posted by: family law expert | 2010/05/22

This is a question that I get asked daily.

I would advise to move out of the house prior to the divorce if there is domestic abuse and the you feel as though your life is in danger, or the lives of the children are in danger. Abuse can be physical, verbally, emotional, financial or sexual. Should you move out of the house you will lose you right to move back in should you wish to, but you will not lose your rights to the equity in the property, depending on who carries on to pay the bond after you move out. A point may be taken in a divorce case that if a party moves out of the house and does not pay bond payments, that party will lose his/her right to share in the appreciation of the property as of date of moving out. So it is a difficult matter all in all.

You will have to build your case in the interim and gather all information that you might need in the divorce, documents, copies of bank statements etc.

For further information:

info@divorceattorney.co.za

Reply to family law expert
Posted by: TB | 2010/05/21

It all depends on what type of person your ex is and how amicable things are between the two of you

Moving out on face value seem like a reasonable thing to do now but often the reasonable spouse gets taken for a ride.

Once you leave there is no guarantee that you can go back and besides have you ever heard that “ possession is 9/10 of the law” . The one who has physical control of the property and assets is clearly at an advantage.

Can you be 100% sure that your partner will be fair to you at the end if you do decide on getting a divorce. People always say that you don’ t really know a person until you getting divorced and I totally agree with that. From my own personal experience, I was shocked to see how little value and understanding the person I loved, married and had children with showed towards me during the divorce. I came to see how deceitful, vindictive and conniving a person can really be.

Based on my own experience and what I have been through I will not suggest that you move out but if you do so than no matter how amicable things might seem to be i still suggest that your take some steps to safe guard your interests and assets like moving all important documents away form the home or making copies of everything such as insurance policies, bank statements, pension papers, I.d documents, records and any title deeds, receipts etc. You should make an inventory of all the marital property in the house, take photo’ s or even use a camcorder if needs be. Don’ t forget to change your postal address with anyone that send your mail and do not sign anything as your attorney might not be able to amend it later on.

Reply to TB

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