When moving out during a divorce in Colorado, do you lose legal rights to property or kids? Deciding whether to move out during a divorce is one of the most common and complicated choices people face. Beyond the emotional weight, this choice can affect the division of marital property in Colorado, child custody, parenting schedules, and even spousal support. Many people worry about what leaving the family home might mean for their rights to their property or how it affects custody of their children in the future. This uncertainty can add stress to an already difficult time.
At Solutions Based Family Law, we guide Colorado families through these challenges every day with clarity and compassion. In this post, learn whether moving out during divorce in Colorado impacts property rights, child custody, parenting schedules, or spousal support.
Does Moving Out Mean You Lose Property Rights?
No. In Colorado, leaving the marital home does not mean giving up your property rights and ownership interest. Colorado is an equitable distribution state, which means marital property is divided fairly, though not always 50/50. Whether you remain in the home or not, if it was acquired during the marriage or is jointly titled, it’s typically considered marital property, and you still have a claim to your share.
Courts do not base property division solely on who stays in the house. Instead, a judge will look at factors such as the length of the marriage, each spouse’s financial situation, and contributions to the household, not just physical occupancy.
Still, moving out can sometimes create the impression that one spouse is less connected to the home, which may influence settlement negotiations. Before making the decision to move, it is wise to consult with a Colorado divorce attorney who can explain how leaving may affect property division in your specific circumstances.
Keep in mind:
- If your spouse continues paying the mortgage, taxes, or maintenance after you move out, the court may consider that when dividing property or calculating spousal support.
- Keeping clear records of all financial contributions, whether you stay or leave, can be important.
What About Parenting Rights?
When children are involved, the decision to move out of the family home carries even greater significance. Many parents fear that leaving will mean losing their child custody rights, but in Colorado, moving out does not take away their parental rights. In Colorado, courts decide parenting time and decision-making responsibilities based on the best interests of the child, not simply on who remains in the home.
However, there are practical issues to consider:
- If you move out without a temporary parenting plan or court order, you may see your children less often during the separation period.
- Courts may look at the routines established during separation when determining long-term child custody and parenting arrangements.
For children, stability matters. Divorce and moving out are major changes, and courts want to ensure that kids feel secure and supported throughout the process. This is why it’s crucial to create a temporary parenting schedule as soon as possible. Doing so helps ensure you remain an active, consistent part of your children’s lives while the divorce is pending.
Tips for Protecting Yourself if You Move Out
If you decide to move out during a Colorado divorce, careful planning can protect both your financial and parental rights. Taking proactive steps now helps prevent disputes later.
Here are key tips to keep in mind:
- Document financial contributions: Keep receipts, bank statements, or other proof of any payments you make toward the home.
- Establish a temporary parenting plan: Either by agreement with your spouse or with the court’s help, set a schedule that allows you to remain consistently involved.
- Avoid informal agreements: A handshake deal may not hold up later. Work with an attorney to ensure agreements are enforceable.
- Think ahead: If moving out may affect your ability to see your children regularly (for example, due to distance), consider alternatives before making the move.
FAQs About Moving Out During Divorce in Colorado
Should I move out before a divorce in Colorado?
Not always. While leaving can ease conflict, it may affect parenting schedules, temporary orders, and negotiations over property. It’s wise to get advice from a Colorado divorce lawyer first.
Can moving out affect spousal support?
Yes. Courts may consider financial needs, housing costs, and contributions to the marital home when awarding spousal support. Temporary orders often determine who pays what while the divorce is pending.
Who gets the house in a Colorado divorce?
Ownership depends on the division of marital property in Colorado, which looks at fairness rather than who remains in the home. Sometimes one spouse keeps the house, while in other cases, it is sold and the proceeds are divided.
Speak with a Colorado Divorce Attorney Today
In Colorado, moving out during divorce does not mean you give up your rights to the home or your children. But the way you handle the process can influence outcomes. Staying proactive, documenting financial contributions, and creating a parenting plan will help protect your rights.
At Solutions Based Family Law, we understand the stress of these decisions. Our team helps Colorado families navigate divorce with clear strategies designed to protect both your property rights and your role as a parent.
If you’re considering moving out during your divorce, contact us today for guidance tailored to your situation. Call us at (720) 420-3610 or Contact Us online to schedule a consultation with an experienced Colorado family law attorney.