Often one person decides to move out of the marital home prior to or in the beginning stages of a divorce. If the home was purchased during the course of the marriage, then the home is considered community property no matter who is living in the home, or whose name is on the paperwork, at the time of the divorce. Moving out will not affect your financial interest in the property, you will be entitled to share of the equity in the home regardless of where you are living.
Moving out can have several other consequences, however, and is a step that should be considered carefully. While both parties are entitled to a portion of the equity of the home, this does not necessarily mean the home must be sold. Sometimes, one party wants to remain in the home and ‘buy out’ the other party. If both parties are hoping to continue living in the home after the divorce, the person who moves out will have a weaker case. The person who moves out will have to convince a judge to change something, while the person who stayed in the home will just have to convince the judge to keep things the way they are. If you want to keep the home after the divorce, it is important to remain in the home while the divorce is pending.