QUESTION

Will I still have some rights on the house if I am leaving home before divorce proceedings begin?

Asked on May 14th, 2016 on Divorce - Florida
More details to this question:
My husband and I have been having a lot of fights lately and he keeps saying he wants a divorce. I finally accepted but we haven't begun the proceedings yet. He calls me stupid because I'm taking care of someone as part of a temporary job even though it doesn't pay a lot. I found out recently that he has been emotionally abusing my 16 year old daughter since she was 7 years old but she didn't say anything because she was scared of him. I can't take this anymore. I don't want my daughter to be scarred by this for the rest of her life. He yells at me too but I never paid much attention to it. He pretty much kicked us out of the house. I'm now staying with the person I'm taking care of. I don't want to lose my rights to the house if I have any. His name is on the deed but I've been the one cleaning, washing, fixing and partially paying the bills in the house. I'm worried because he's also a veteran and has always said that the laws "don't apply to him the same way" I don't know a lot about laws but I don't want to end up without a home.
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3 ANSWERS

John Arthur Smitten
By leaving the house you forfeit possession but you still have rights to half the equity in the home. Use of a lawyer is recommended.
Answered on Jun 09th, 2016 at 5:13 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Florida law applies if the property is in Florida. Moving out does not terminate your interest in the property.
Answered on Jun 07th, 2016 at 6:55 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You need to have a full discussion with a local family lawyer about this. You might have an equitable interest in the home, but it takes being able to ask you questions and get answers from you in order to tell what the interest might be, and determine whether you should seek it or not.
Answered on Jun 07th, 2016 at 10:16 AM

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