QUESTION

Can I leave house without losing my rights to it before divorce?

Asked on Sep 24th, 2013 on Divorce - Washington
More details to this question:
Can I move out of my house before divorce proceedings because the stress of being in the house with a husband who has become emotionally abusive and has been trying to make me think I'm crazy (moving my things and putting back, clothes disappearing) he is basically tormenting me? The stress of living with him is exhausting and unhealthy. I can't stand the heartbreak and being treated so hatefully. We have two kids and I would bring them with me because he will not leave. I am a stay at mom’s home and one child has autism. The things he is doing to me are hard to prove to an outsider. He has taken credit cards out without my permission. He has symptoms of gambling and sex addiction. Don't know what to do. He is not wealthy but has a good job.
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4 ANSWERS

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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Thank you for such a good question and for giving such detailed, heartfelt background information. Your situation is not unique, unfortunately. You are wise to worry about whether leaving the marital home prior to filing for divorce can cast you in a bad light. Many spouses try to depict the other spouse moving out as an act of abandonment or betrayal or as proof that the relocating spouse doesn't love her children, etc. Although most people would find it perfectly understandable why you moved out (i.e., the unbearable stress, the mind games, spousal and/or child abuse, substance abuse, etc.), sometimes people have a spouse who is so charming and so smooth that he or she can make your legitimate reasons for moving out appear false and can make your moving out look as though your reasons were malicious and selfish. In Utah, moving out shortly before filing for divorce usually does you no harm and has a very low risk of harming you. But as you noted, there's always a risk that you're moving out will be painted as something other than it is. Sometimes, however, regardless of how it may look to outsiders, you may find yourself needing to move out for the sake of protecting your safety or even your very life. In situations where your safety or life is threatened if you stay in the marital home, you move out and live to fight another day and deal with the adverse consequences of moving out later. Where you have the luxury of a little time to plan, then generally best practice is to file for divorce and then move out (you don't have to tell your husband that you filed for divorce when you move out). Seeking a divorce necessitates living separately, so moving out after you have filed for divorce cannot be looked upon as spousal abandonment. Yes, your spouse might still think you're moving out as abandoning the children, so even if you move out after filing for divorce, make sure you document clearly the reasons why you moved out and clearly document that your moving out was intended to do as little harm to your spouse and children as possible. After you are safely moved out, send your spouse an e-mail or a certified letter (and keep a copy of that for your records) that notifies him that 1) you have filed for divorce and it separated for that purpose; and 2) that you are not abandoning your obligations to the family and to the children.
Answered on Sep 30th, 2013 at 1:33 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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In Florida a spouse does not abandon their interest if they move out of the family home.
Answered on Sep 26th, 2013 at 5:10 AM

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You will not lose your rights to the house particularly if you need to leave to escape abuse. You should contact your local women's shelter to make an escape plan and then consult a family law attorney about asserting your rights to all of the property accumulated during the marriage.
Answered on Sep 25th, 2013 at 3:13 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Yes, you can move out and immediately file for a dissolution and make a motion for temporary orders which could ask the court to force him to leave the house if that's the best place for you and the children to be. Disposition of the house will be determined as part of the overall division of property and liabilities.
Answered on Sep 25th, 2013 at 2:45 PM

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