Our separation agreement calls for a buyout of my share of the house. I am physically moved out of the house and still awaiting for my buyout payment.
Can someone tell me what the law says about what constitute “moving out?”
If you have moved out you are officially separated, however the terms of the buyout would follow what the separation agreement says regarding the time line.
or can I leave some items behind?
I would not leave anything behind. It really depends on what your separation agreement says. Mine said anything left after moving out became my property. If your agreement says you can come back and get items, you’re ok…BUT I would still take it. Things can get ‘broken’, ‘lost’ or ‘mystereously thrown away’.
Leaving items behind will not affect the date of separation, it can however put you at risk for not getting those items back.