Should I Move Out During The Divorce?


The gut reaction for many people who are going through a divorce is to leave the matrimonial home immediately. If your relationship with your spouse is tense, having to share the living space can be very tough.

If your spouse asks you to leave the house, you don’t have to agree to it if you own the house jointly.  As a co-owner, you have the right to remain in your own house.

Some clients want to know if it is a good idea to move out of the matrimonial home during the divorce.  Although every case has its own unique facts, generally speaking, it is never a good idea to move out of your family home.

First of all, it may affect your chances of obtaining child custody as your spouse may use that against you to argue that you leaving the house showed that you did not care enough about your children.

Second, Family Court judges like children to have stability in their lives. So, If your children are being taken care of by your spouse at the family home for some time, a Family Court judge may hesitate to change that.

It would help if you also considered that when you move away, you will have less time with the kids.

Third, you will end up paying for the rent of your apartment and other expenses.  This could go on until the divorce is decided or until the house is sold.  There is no guarantee that you can recover these expenses at the divorce court.

Understandably, some spouses leave for their own physical safety.  If you find it impossible to live with your spouse for reasons due to physical violence, then you should consider applying for a Personal Protection Order (PPO) and a Domestic Exclusion Order (DEO) to prevent your spouse from coming into your house.




PKWA Law is ranked as a leading family and divorce law firm in Doyles Guide 2020

At PKWA Law, our team of Family Lawyers are consistently named as leading Singapore family and divorce lawyers by respected legal publications such as Benchmark Litigation Asia Pacific, Straits Times, Asian Legal Business, Singapore Business Review and Doyle’s Guide.

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Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only, and to enable you to learn more about our firm, our services and our lawyers.  Information on this website may not constitute the most up-to-date legal or other information.  Readers of this website should engage a lawyer to obtain advice with respect to any particular legal matter.


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