Among the widespread misconceptions, there is one relating to leaving the marital home.
It has been a long time since the offence of abandoning the marital home was removed from the Criminal Code, and there is nothing wrong with leaving your home because you no longer get on with your spouse.
You are therefore not in the wrong if you leave the marital home.
Nor do you lose your rights to the property if you leave it.
Bear in mind, however, that where both former spouses claim the right to occupy the property temporarily during the separation or divorce proceedings, or to be granted permanent possession of the property as part of the final division of assets, these requests are subject to the discretion of the family court judge, who, in reaching a decision, will consider all the arguments put before them, and there are specific considerations in cases of domestic violence.
Whilst leaving the property does not imply any fault or loss of rights in relation to it, the matter remains a technical one and it is essential to seek advice from a solicitor.
S-LAW specialises in this area.
