QUESTION
if I leave my home can my husband say I abanded him and the home and get it in court?
Asked on Mar 02nd, 2015 on Divorce - Florida
More details to this question:
if I stay in home how do I protect myself of him saying I hit him or something to have me arrested, he has a 21 yr son lives with us and will do anything his dad tells him to do
1 ANSWER
Your husband can say you "abandoned" him, but there is no "abandonment" under Florida law. If the home was purchased during the marriage (or deeded to you during the marriage) then the home is a marital asset subject to being divided during a divorce. (known as "equitable distribution")
However, with that said, you might have some liability for a portion of mortgage payments and other expenses attendant to maintain this marital assets while you are out of the house. Still, it is a better alternative then subjecting yourself to potential violence or being accused of it.
Good luck,
Cindy Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
info@vovalaw.com
954-316-3496
Answered on Mar 02nd, 2015 at 7:31 PM