Leaving the Family Home in Calgary | What to Do Before You Move Out
Separating from your spouse or common-law partner is one of the most stressful events you can go through in your lifetime. Knowing what to do before leaving the family home can make all the difference – protecting your rights, your finances, and your peace of mind.
Moving out of your home is often the first step in a separation, but it is not legally required to separate. Couples who have separated can still live under the same roof.
Does Moving Out Mean You Give Up Your Rights to Your Home?
Leaving the family home does not impact the right of ownership that you have in your home.
A few things to consider about moving out before divorce or common law separation in Calgary:
Scenario #1: If you are not on the house title, you’ll want to consult with a lawyer to see what your rights are. For example, if you have a child together but your spouse owns the house, you’ll need to know if you’re eligible for compensation and what the process is to get support. Get clarification from your lawyer.
Scenario #2: Both parties own the home but leaving the home without a legal separation agreement may leave you without access to the house (clothes, documents, etc.), your stability is off balance (legally, financially, logistically), and your leverage may be impacted without a solid exit plan.
Exclusive Possession Order is a court order that determines who stays in the home and who moves out, when a couple can’t agree between themselves. A request for such an order falls under Alberta’s Family Property Act. Ultimately, a Justice would determine who gets to live in the home, usually for a specified period of time, however it does not affect who legally owns it. The determination of who will retain the Family Home, or whether it will be sold, is dealt with separately.
There are many difficult questions to ponder when you’re in the middle of a separation or planning to separate. You may forget to do something important that will impact your financial well being in the future. This is why it’s vital to consult with a lawyer when you’ve made the decision to leave your partner.
Before Moving Out | What To Do
The first legal document you may deal with in the separation process is the separation agreement – a written document signed by both partners with their respective lawyers that sets out how you’ll handle things like property, finances, and parenting going forward. It stays in effect for as long as you need it, and can later be incorporated into a divorce settlement whenever you and your spouse decide to move forward with divorce.
While some couples prefer to rely on a verbal agreement instead, it isn’t enforceable in Alberta – and if a dispute arises, there’s nothing holding either party to what was discussed, which can cause unnecessary stress for everyone involved, including the kids. Consult with your lawyer about putting a written separation agreement in place before you plan to leave.
Important Factors to Consider Before You Leave:
- Whose responsibility is it to pay the mortgage and other bills/expenses?
- Do you have the financial means to live elsewhere?
- Can you live with your partner in the same household while separated? How would this work amicably?
- Sharing the family home during the separation is possible – one week at the house and one week away, for example.(this often works for partners with children, to avoid disrupting your child’s schedule).
- Do you know your joint financial situation and obligations (i.e. debt)? If not, document everything from bank statements, insurance documents, the house deed, debt, total assets and liabilities, and more.
- Where will you live and for how long? Do you have enough funds to sustain your living for yourself and your child?
- Who will take the kids to doctor’s appointments, school, and daycare?
- What are you entitled to financially if you are the one leaving versus the one staying in the house?
While there are a multitude of factors to consider depending on your personal circumstances, it’s always prudent to speak to a separation lawyer before you leave your household. If you leave and don’t know your rights, you could end up spending more money on lawyer fees or be left with less control over what happens next.
Protect Your Financial Situation Before You Leave | Document Everything
Documenting everything is the best way to protect yourself financially, especially if you don’t earn an income. Take photos, call your bank to check your sole and joint assets and liabilities, write down account numbers – do everything you can to protect yourself (and your kids) when the time comes to exit. A strategic exit always benefits everyone involved.
Make a Plan for Paying Bills Before You Leave
Coming up with a plan to pay the bills before you leave is important. While it may be uncomfortable to have these discussions with your spouse, it’s critical for the next stage of the separation process. Emotions will be high but no one should be left paying for everything.
Is Safety a Concern? Get Help Before You Leave
If you’re in an abusive relationship with your partner, physically, emotionally, or financially – your safety or financial security may be at risk when you tell your partner that you’re leaving the relationship.
If at any time you feel like your safety is compromised, call emergency services right away. They are there to help you deal with your situation.
Speak To a Lawyer First
Leaving the family home can be a very stressful time when emotions are running high. It’s normal. Dealing with conflict, parenting concerns, or wondering if you can afford to leave may lead you to make a rushed decision.
Having a professional by your side is one of the smartest things you can do at this stage of the separation process. Jones Divorce and Family Law can help you understand your rights and what to do at every step of your separation.
Contact Jones Divorce and Family Law today for expert guidance and family law advice in Calgary.
Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.
