Difference between revisions of "Deciding Who Will Move Out When You Separate"

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You may be worried that if you leave, this will affect who gets what. Don’t worry. If you have a right to a share in the property, you won’t lose that right by moving out. However, if you move out of the home while your spouse remains, it might be difficult later to convince the court that you should be allowed to return.
You may be worried that if you leave, this will affect who gets what. Don’t worry. If you have a right to a share in the property, you won’t lose that right by moving out. However, if you move out of the home while your spouse remains, it might be difficult later to convince the court that you should be allowed to return.


If you are a married or an unmarried spouse, haven’t started a court case yet, and the property is only in your spouse’s name, considering filing a ''Land (Spouse Protection) Act'' entry against the home to prevent your spouse from selling the property without notice to you. If a court case has started, married and unmarried spouses can also file a certificate of pending litigation against title of the home under the Land Title Act to protect your interest in the property from creditors.
If you are a married or an unmarried spouse, haven’t started a court case yet, and the property is only in your spouse’s name, considering filing a ''Land (Spouse Protection) Act'' entry against the home to prevent your spouse from selling the property without notice to you. If a court case has started, married and unmarried spouses can also file a certificate of pending litigation against title of the home under the ''Land Title Act'' to protect your interest in the property from creditors.


==Can you take any of the household belongings?==
==Can you take any of the household belongings?==
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