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Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 30859
Experience:  30 plus years of experience.
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If i leave my house prior to file for divorce do I loose any

Resolved Question:

If i leave my house prior to file for divorce do I loose any of my rights?
I live in Florida?
Also, being a stay at home mother of two children, and if filing a motion to remain in the house, what is usually the length of time I will be allowed taking into consideration that my husband is the only one financially responsible for mortgage payments - I am only in the title but not in the note, and I am not interested in keeping the house.
Submitted: 5 years ago.
Category: Family Law
Expert:  Loren replied 5 years ago.
The home is marital property and you will not lose your rights in the house. The title does not change if you move out.

With regard to staying in the house, it is not uncommon for a custodial parent to be allowed to retain possession of the house while the children are still in school, if the arrangement is financially feasible.
Customer: replied 5 years ago.
When you say financially feasible, you mean that child support and alimony should cover the cost of living in our house.
Expert:  Loren replied 5 years ago.
I mean that the spouses can afford to maintain the house and another household, as well. Often the spouses need to downsize after the divorce.
Loren and 5 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
We are looking at having to downsize according to what you're telling me. The court or a judge more than likely will grant me the right to remain in the house for a short period of time, correct?
Expert:  Loren replied 5 years ago.
Actually, since you name is XXXXX XXXXX you can not be forced to leave. You and your husband have equal rights to possession.
Customer: replied 5 years ago.

So he can't be forced to leave either?

 

Expert:  Loren replied 5 years ago.
Only by court order.
Customer: replied 5 years ago.

Right but even if it is with a court order, this would be for short period of time or only until the divorce is finalized correct?

He can't afford the cost of maintaing our current home plus another place for him. I am not interested in keeping our house because there's no equity on it.

Expert:  Loren replied 5 years ago.
If you are awarded possession, it will eventually be incorporated into the final settlement.
Customer: replied 5 years ago.
But I will be financially responsible for the costs of that house,correct? Including mortgage payment.
Expert:  Loren replied 5 years ago.
Not necessarily. It depends on the interim support either negotiated or ordered by the judge.
Loren and 5 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
All this negotiations are based on income and ability to afford expenses, correct?
Expert:  Loren replied 5 years ago.
Correct.