Moving out may cause a strategic advantage for one side or the other as to who will be awarded the property on a temporary or permanent basis. However, that does not give up the property. One may still argue in temporary orders hearings, during settlement negotiations, and at trial that the property should be returned to them. Typically, one spouse cannot remove the other spouse’s name from a deed or mortgage without their consent or a court order. Generally, division of real property occurs by way of a quitclaim deed once the home has been refinanced or sold following entry of the decree.