QUESTION

Is it considered property abandonment if I move out and my name are still on the house title?

Asked on Oct 17th, 2013 on Divorce - Washington
More details to this question:
If I separate from my spouse and leave the house with my name still on the title, how will this affect a potential divorce? I have heard that this might be considered as property abandonment and affect a future property settlement.
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6 ANSWERS

In Arizona this would not be considered you "abandoning" your claim to a community interest in the property. What is important for you is to consult with an experienced family law attorney in your area to review your specific facts and issues.
Answered on Oct 18th, 2013 at 12:05 PM

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Family Law Attorney serving Thousand Oaks, CA at Law Office of Terry A. Buchanan
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In the state of California, moving from the family residence is not considered abandonment of the property. Your move does impact issues pertaining to reimbursement claims (ie payment of mortgage, property taxes and homeowners insurance compared to fair rental value for the party remaining in the home). The final disposition of that property is not dependent upon who is residing in that property. However, the party that continues to reside in the home, if able to afford it, is generally granted "first right of refusal" to stay as you have evidenced an ability/interest to live elsewhere. Unfortunately, as with all family law questions, there is no simple answer as resolution of one question generates a few more that require further review. I would recommend that you speak with local attorney before too much time goes by after you move from the home.
Answered on Oct 17th, 2013 at 4:35 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Moving out usually is not an issue as it is most difficult for divorcing couples to live together. How you handle yourself as to the joint property and obligations after moving will be relevant.
Answered on Oct 17th, 2013 at 4:31 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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I call this "Water Cooler Law". Florida does not follow the Abandonment Doctrine.
Answered on Oct 17th, 2013 at 4:30 PM

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No, moving out of the house does not affect your rights to a future settlement concerning the property.
Answered on Oct 17th, 2013 at 4:30 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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If you file a divorce shortly after you move out and then make a motion for temporary orders to have the court determine who has to pay the mortgage (I assume both of you are on the mortgage) then it won't make any difference. You have an obligation to the bank if you're on the mortgage, so until a court orders one of you to pay, both of you are responsible. As to the bank, both of you will remain responsible.
Answered on Oct 17th, 2013 at 4:29 PM

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