QUESTION
If I move out of the marital home, until a settlement can be reached, do I lose my rights to it?
Asked on Jan 30th, 2014 on Divorce - Florida
More details to this question:
My husband and I own 3 properties: marital home, vacation home and an office. I want a divorce. He is avoiding it. He can have the office and vacation home, which will balance out against the marital home.
3 ANSWERS
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Assuming all of the properties were purchased or acquired during the marriage, they are marital assets subject to equitable distribution by the court. If you move out of the marital home, you would not lose your rights to equitable distribution of the marital house if it is a marital asset.
Answered on Feb 03rd, 2014 at 10:17 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, you will not lose your rights to the marital home if you move out. But there are many more issues in a divorce which need to be either resolved by the parties or the court. You do need to retain an attorney because without one, you can get trampled upon.
Answered on Feb 03rd, 2014 at 10:16 PM
John Arthur Smitten
No. You may lose the right to possess the home but not your equity in the home.
Answered on Feb 03rd, 2014 at 4:59 PM