QUESTION

will i loose anything in a devorce if i leave the house before devorce is final. Abandonment??

Asked on Jul 19th, 2016 on Divorce - Wisconsin
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
     In Wisconsin, from a legal perspective, the answer to your question is no. There is no such thing legally as  "abandonment" under the divorce code and you do not give or forfeit property rights to the home by moving house. However, there are some practical considerations; (1) if you move out of the home, don't expect that the court is going to allow you to move back. Your spouse will be able to obtain a court order to change the locks and you can only back to your home, with reasonable advance notice and their permission. (2) if you have minor children, you should not move out of the family home until such time as you have an agreed upon (in writing and court apporved), custody and placement agreement, otherwise, you may find yourself not only basically locked out of your house, but your sposue in control about how and when you will be able to have placement with the children until you get to court.   You should only move out of the house if you are are prepared to stay out permanently and have a custody agreement in place.
Answered on Jul 20th, 2016 at 9:24 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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