Charleston SC Divorce Lawyers

DeTreville Law & Mediation, LLC

CALL NOW
  • Facebook
  • LinkedIn
  • Pinterest
  • Twitter
  • Home
  • Our Attorneys
    • Patricia O. DeTreville
    • J. Michael DeTreville
  • What We Do
    • Divorce in South Carolina
    • Mediation
    • Custody
    • Child Support
    • Alimony
    • Property Division
    • Prenuptial Agreements
    • Termination of Parental Rights
    • Name Changes
    • DUI
    • Criminal Defense
    • Miscellaneous FAQ
  • Blog
  • Links
  • Contact
  • Schedule Now
You are here: Home / Divorce / Divorce Lawyers in Charleston SC: Should I Leave the House?

Divorce Lawyers in Charleston SC: Should I Leave the House?

November 26, 2013 By Patricia O. DeTreville Leave a Comment

One of the most common questions asked of divorce lawyers in Charleston SC is “should I leave the house?”  The decision as to who stays and who goes from the marital home can be complicated by a number of different factors:

Is personal safety an issue?

A marriage under stress resulting from physical abuse, drug or alcohol abuse, or abusive and demeaning behavior calls for personal safety to be the first consideration.  If you find yourself in a living situation where your physical well-being and/or your mental health is a risk, don’t stay there.  The matter can be resolved later, but if you are attacked, scared of attack, or otherwise in harm’s way, don’t stay there.  Get out and ask for the help of family, friends, police.

Once I leave the home will I be able to go back?

A spouse who must leave their home because of the danger within it often asks if they are jeopardizing their hopes to keep the house by making this move.  The short answer is “no.”  The long answer is that it may take anywhere from a few weeks to a few months to get you back into the house.  Also to be considered is whether or not you will ever be safe in a house which the abuser considers to be his or her own.

Worth mentioning is that anything you imagine could happen, probably will.  There are many books which preach to victims (yes, mostly to women) to listen to their own misgivings, their sense of fear, whatever it is that makes the hair on the back of their necks stand up, and follow through on those feelings.  Don’t ignore warning signs, the most reliable of which is that if you have been hit once, you will be hit again; once that line has been crossed, it is wide open forever.

If I leave the home, have I abandoned any claim to it?

Commonly, the question becomes one of timing, or fear of being shown to have abandoned the home and therefore abandoned it (and any claim to it).  This is a reasonable thought, but one easily vanquished: any asset, such as a house, which was purchased during the marriage and is titled to one spouse or the other, or to both, is going to be presumed to be  marital property and thus divisible by the Family Court.  There are some exceptions, and there are some qualifications, but this is the general rule.  When you leave the home because you must, or because you and your spouse agree that you cannot live together further, or for whatever reason, you do not give up your claim to this marital asset.

You should consult a trusted and experienced divorce lawyer in Charleston SC on your expectations before you make any move, if you have time. If you are in danger, don’t wait for a consultation – get out first, and save your health and your sanity.

Any discussion of leaving the marital home is incomplete, in families with children, without considering the impact on the children.  This topic will be addressed in a forthcoming post.

Filed Under: Divorce, Marital Fault, Separation, testing, Uncategorized Tagged With: divorce lawyers in charleston sc, marital home, marital property, physical abuse

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Contact Us Today

From the Blog

  • Charleston Custody Lawyer | Adultery and Paternity
  • Charleston Custody Lawyer | Morality, Parental Fitness, and Custody
  • Divorce Lawyer in Charleston SC | Transmutation and Special Equity

DeTreville Law

  • Our Attorneys
    • Patricia O. DeTreville
    • J. Michael DeTreville
  • Blog
  • Helpful Links
  • Contact Us

Serving the Lowcountry

We proudly serve Charleston, West Ashley, James Island, Mount Pleasant, Daniel Island, Summerville, Goose Creek, Hanahan, North Charleston, Sullivan's Island, Isle of Palms, Folly Beach, Johns Island, Ladson, Awendaw, Cainhoy, Wando, McClellanville, Ravenel, Moncks Corner, Jedburg, and the neighboring communities.

Contact Us Today

DeTreville Injury Law

306 Gamecock Ave.
Charleston, SC 29407

  • Facebook
  • LinkedIn
  • Pinterest
  • Twitter

Copyright © 2023 DeTreville Law & Mediation, LLC | Digital marketing by Waypost Marketing

This Website, and all materials within it, has been prepared by DeTreville Law & Mediation, LLC for informational purposes only. This information is not legal advice, and it is not intended to and does not create a lawyer-client relationship. Viewing or receiving this information does not constitute or create a lawyer-client relationship. Internet users and other readers of this information should not act upon it without seeking professional legal advice. DeTreville Law & Mediation, LLC does not undertake a duty of confidentiality with regard to any communication sent to it without the express permission of an attorney in the firm.