To Stay or To Go? The Housing Question in Divorce | Episode 234

 Welcome back to Divorce at Altitude with Ryan Kalamaya! In this episode, Ryan and co-host Amy Goscha tackle one of the most frequently asked questions in divorce and separation: Should I move out of the house—or make my spouse move out?

Whether you're early in the separation process or navigating a high-conflict breakup, this conversation breaks down the legal, emotional, and financial implications of moving out while cohabitating with a spouse.

 Episode Highlights

Safety First
• Why safety concerns should be the first consideration in any cohabitation decision
• The risks of domestic violence, alcohol use, and toxic environments—especially with children in the home

Parenting & Emotional Impact
• How kids are affected by continued cohabitation during conflict
• The role of emotional regulation and which parent can maintain a stable environment

Financial & Legal Considerations
• When moving out could hurt your case—or your finances
• Why some parents choose to "nest" and how studio apartments may limit parenting time
• The truth about “losing rights” to a home just by moving out

Exclusive Possession & Legal Process
• What motions (like exclusive possession or temporary orders) are available
• Why using protection orders as a workaround can backfire legally
• How interest rates, mortgages, and refinancing influence housing decisions

Nesting & Creative Solutions
• What nesting looks like and how Colorado's housing landscape (like lock-offs) can support it
• Pros and cons of continuing to live under the same roof—even post-divorce

Key Takeaways

 •  There’s no one-size-fits-all answer—every decision depends on safety, finances, housing options, and parenting logistics.
 •  Moving out does not automatically mean losing legal rights to the home or children.
  •  Always consult a family law attorney before making this decision—strategy matters.

📞 Connect with Kalamaya | Goscha
 • Facebook: Kalamaya | Goscha
 • LinkedIn: Kalamaya | Goscha
 • Phone: 970.315.2365
 • Email: info@kalamaya.law

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.