QUESTION

If I leave during a trial separation, would I still be entitled to assets during our divorce?

Asked on Aug 11th, 2015 on Divorce - Michigan
More details to this question:
If I leave my husband for a trial separation, someone told me that this would matter later on if we do get divorced when it comes to dividing property etc. I left the home therefore I may not be entitled to half of everything?
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5 ANSWERS

Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Any distribution is up to the Judge but usually there is no loss of forfeiture if a party moves out of the martial home.
Answered on Aug 12th, 2015 at 9:49 AM

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Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
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There is no such thing as legal separation in Texas. Whether you've left the home or not, you are entitled to a just and right division of the community property acquired during your marriage. Community property includes basically anything that was purchased while you and your husband were married (houses, vehicles, investment and retirement accounts, etc.). Talk to a local divorce attorney about the issues in your marriage to get a clearer picture of what you may be entitled to should you decide to get a divorce.
Answered on Aug 12th, 2015 at 9:48 AM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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A trial separation does not impact your right to a portion of community assets (and debts). However, the date of separation may make a difference for any assets acquired or paid for during the separation. In other words, income is no longer a community assets once people separate and the person making payments on the house may get some credit for it.
Answered on Aug 11th, 2015 at 6:33 PM

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There seems to be a kind of myth floating around that if a spouse 'abandons' the family home, they give up their ownership rights. Not so. If you are on the deed to the house, you own it, along with whomever else is on the deed. Consult an experienced divorce lawyer. It's almost always worth the investment.
Answered on Aug 11th, 2015 at 6:33 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney but a short trial separation should generally have little to do with property division issues. Planning golf tomorrow. Possible for you, 4:30 prox.
Answered on Aug 11th, 2015 at 6:01 PM

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