Our expert says:
Family 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.
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