In general, you do not need to move out before your divorce is finalized, nor does this negate any of your property rights. Parties are not obligated to remain living under the same roof, but there are a few factors that should be considered before one party moves out.
For starters, you and your spouse should have an agreement about who will be paying the rent, mortgage, or utility bills for the property while the divorce is pending. You should ensure that there is confirmation or a stipulation in place to determine who is responsible for paying each bill.
You probably would not want to begin renting another residence if you still owe half of the mortgage on the shared property. Before you sign a lease on an apartment or another house, you would want to make sure that you can afford both payments.
In addition, if there are any spousal maintenance or child support issues, those should be confirmed before you move out. At the very least, you should get a stipulation through your divorce attorney.
In a recent case, a client signed a lease on an apartment, but the management office informed her that after running her credit check, they did not believe she could afford the apartment. They asked for either a co-signer for the lease or a certification from a divorce attorney stating what she was expected to receive from her divorce case.
These types of situations can cause a lot of problems, especially if you have already made plans to move, rented a moving truck, paid application fees, etc. Before deciding to move out or sign another lease, you should make sure to confirm any potential issues.