QUESTION
I'm going through a divorce and we've been separated for over a year will I lose my half of the property because I left?
Asked on Dec 03rd, 2012 on Divorce - California
More details to this question:
We've been married 6 yrs. over the years I've moved out 3 times for my safety. My husband drinks and he can't remember his actions after he awakes. The police would just ask one of us to leave the house for a few hours but after time I just got tired and I didn't come back this time. Well we have a house that I was buying before we met, but after we moved together things got tight so he asked a friend to refinance d house so we did. Now that I left and filed for a divorce he's tell me he can file abandonment charges and take the house. I only want my half of everything what should I do?
15 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to consult with an attorney.
Answered on Apr 11th, 2013 at 12:59 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Hopefully, you have an attorney for the divorce. If not, get one. The marital versus separate parts of the house will have to be determined.
Answered on Dec 05th, 2012 at 9:03 PM
No. The Court will divide the property if you cannot come to an agreement. Abandonment is a grounds for divorce that will need to be proved by him.
Answered on Dec 05th, 2012 at 3:15 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Get an attorney. No such thing as abandonment for leaving an abusive husband. You have a house to lose and maybe other rights so seek legal help.
Answered on Dec 05th, 2012 at 3:15 PM
Your moving does not change the law with respect to the ownership of the house. Your rights will be respected.
Answered on Dec 05th, 2012 at 3:12 PM
You still have an interest in the property but if the property is destroyed or not cared for, it could lose its value and you would then only get 50% of its worth at the time of the divorce.
Answered on Dec 04th, 2012 at 4:36 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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You are still entitled to 1/2 of the community property acquired during the marriage. Consult an attorney for detail on your specific facts, but you do not lose your rights to any property because you left the home. It sounds like your ex is just continuing his abusive ways by threatening you.
Answered on Dec 04th, 2012 at 4:36 PM
Steven D. Dunnings
Hire an attorney.
Answered on Dec 04th, 2012 at 4:36 PM
Just because you moved out won't preclude you from receiving one-half of everything acquired during your marriage which means from the date of marriage until the date of separation. California is a no fault divorce state so division of the assets has nothing to do with any wrongful conduct by either party.
Answered on Dec 04th, 2012 at 4:36 PM
NO you still have a community property interest in the house. There will be reimbursements for payments on the Principal which your ex has made.
Answered on Dec 04th, 2012 at 4:35 PM
Dennis P. Mikko
He cannot take the home. Since you owned it before the marriage you may have a greater claim on it than he does. There are many factors involved in a property settlement. You should consult with an attorney so that your rights are protected.
Answered on Dec 04th, 2012 at 4:35 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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Your moving out should not effect your claim to one half the community equity and you may have a claim for your original separate equity in the property. California is a "no fault" divorce jurisdiction so issues like "abandonment" are in general statutorily in admissible, with some specific exceptions having mostly to do with custody.
Answered on Dec 04th, 2012 at 4:33 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The simple answer is that your husband is wrong. In Colorado "abandonment" is a meaningless term in divorce and the law requires that all marital property be fairly divided in a divorce. What is fair is whatever you and he agree upon and, if you don't agree, whatever a judge believes is fair after evaluation all the facts and circumstances.
Answered on Dec 04th, 2012 at 4:32 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You do not lose and property rights by moving out of the house. Most divorces involve one party or the other moving because of conflict between the parties. I suggest you hire a lawyer.
Answered on Dec 04th, 2012 at 4:32 PM
Michael Paul Vollandt
It sounds like he is still drunk. If you are in California everything is split 50/50 one half the assets and one half the bills. There is no thing as abandonment in a dissolution of marriage in California.
Answered on Dec 04th, 2012 at 1:25 PM