Will I Lose My Rights to My Jointly Owned Home If I Leave?

Leaving My Jointly Owned HomeQuestion:

We are in the process of getting a divorce, will I loose my rights to our house if I decide to leave?

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Answer:

You will not lose your economic rights in your home if you leave your home while you are obtaining a divorce. If you move to another home or residence, a court could grant your spouse the right to exclusive occupancy of the home while the action for divorce is pending. If you have children residing in the home and you leave, your departure could impact a final custody determination.

This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced Albany, New York Divorce Attorney.  This does not consent an attorney client relationship.