Should you move out during a divorce?

What moving out does and does not affect legally, and what to sort out before you go.

Updated 19 August 2026·5 min read
Written by CalmSplit Editorial TeamReviewed by Ramani GillLast reviewed 19 August 2026England & Wales

Moving out does not give up your share of the property, but it can affect practical matters like access, bills and day to day arrangements for children.

Before you go

  • Register home rights at the Land Registry if the house is in your spouse's sole name.
  • Agree in writing who pays the mortgage and bills.
  • Agree the arrangements for the children in advance, not afterwards.
  • Take copies of important documents and financial paperwork.
  • Take a note or photographs of the contents.

This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.

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Frequently asked questions

Does leaving count as desertion? ▼

Desertion is no longer relevant under no-fault divorce.

Can I be locked out? ▼

Not lawfully if you have a right to occupy. The court can enforce that right.

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