QUESTION
Do I have any rights to the house if I move out and take the kids?
Asked on Mar 11th, 2013 on Divorce - Florida
More details to this question:
I have not filed for divorce yet. The house is about to be sold. Do I still have rights to half of the profit if I move out before it sells? Also, what do I need to do to be able to take my 10 year old daughter?
4 ANSWERS
You physical presence in the house is irrelevant as to what your share of the house upon its sale should be. You need to get temporary custody orders and orders regarding the house sale proceeds right away. You should consult a family law attorney or facilitator to help you.
Answered on Mar 11th, 2013 at 3:41 PM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
Yes, you can claim profit from the home whether you move out now or wait. The divorce process will resolve these issues as well as custody and parenting time. Consult with an attorney to discuss further.
Answered on Mar 11th, 2013 at 3:41 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
File for divorce and serve him BEFORE the house is sold. The proceeds should go into an attorney trust account until it's determined whether it's all community property to be equally divided, or whether anyone has a right to reimbursement. Otherwise, he could take them. Also file for a hearing on child custody, child support, alimony and request he pay your attorney fees.
Answered on Mar 11th, 2013 at 3:40 PM
John Arthur Smitten
Yes. You only forfeit possession not the rights to the proceeds of the house.
Answered on Mar 11th, 2013 at 3:38 PM