If you have already tried negotiating with your husband and you haven't been able to come to terms, you may need to consult with a local family law attorney. Without some compelling reason, I wouldn't accept less than 50% of the marital estate either. In the event you do move out and file an equitable distribution claim (property division) against him, you stand a good shot at getting 50% or more (depending on the facts specific to your case). You will want to make sure that all of the marital estate is considered when the property division is calculated.
Moving out prior to having a deal in place isn't necessarily a bad idea, but I would speak to a family law attorney in your area to confirm.
Answered on Oct 07th, 2020 at 3:11 PM