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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37061
Experience:  I provide family and divorce law advice to my clients in my firm.
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I would like a separation from my spouse, he doesnt want one.

Customer Question

I would like a separation from my spouse, he doesnt want one. All I want is he continue to pay my car note (it is in both our names, he is the primary) and car insurance. He has the high income. I work full time and always provide half my check for our spending money.

I have been married 17 yrs. No children involved. I like to avoid hiring a lawyer or can I get the court to help on my own? I live in Georgia for 13 yrs.
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question.

The court would not be able to assist you here by providing you with counsel. You CAN file on your own, via a pro se petition, and pursue a separation petition, but the courts will not effectively assist you beyond having the court clerk provide you with a separation packet that you can fill out on your question. You do not need an attorney, but if he is refusing to separate or will contest yourr petition, unfortunately then an attorney is likely useful.

Good luck.
Customer: replied 2 years ago.
What if I leave and take the vehicle with me that I always use. He also has his own new vehicle
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

Ma'am, you can leave at any time. He cannot physically hold you at home, and you can take whatever vehicle you wish provided that you are on the title also. If you do leave, while he does have an obligation to pay to the bank on the note, so do you (if you are a co-signer), so he can demand that you pay for the vehicle yourself since you have full and sole use of it at that point.

Good luck.
Customer: replied 2 years ago.
I know I can leave anytime but I dont want to be consider "destertion" and lose other property if we would wind up in court, since I am the one that left.
Expert:  Dimitry K., Esq. replied 2 years ago.
Ma'am,

Even if you leave, you do not lose out on your assets. Leaving does not transfer ownership over to him. All your leaving does is grant him the ability to file for divorce for desertion (something that he could not do if you file first), and attempt to use that as grounds of trying to decrease your alimony. It DOES NOT remove your property rights or lowers your interest in jointly held assets. This is a myth that many seem to have that if they leave, they lose out on their items--that is simply not so. Besides, you are always free to leave and file right away. Then, there is no desertion (it takes 12 months for that to become a viable claim anyway).

Good luck.
Customer: replied 2 years ago.
If the house is in his name for the mortage but he has place my name on the deed am I entitle to part of the home property?
Expert:  Dimitry K., Esq. replied 2 years ago.
Yes, you are. So long as you are on deed, you are half owner of the property, regardless of your lack of presence of not being on the note itself. For ownership purposes it is the deed that counts.

Good luck.
Customer: replied 2 years ago.

If the house is in his name for the mortage but he has placed my name on the deed, am I entitle to part of the home property?

Expert:  Dimitry K., Esq. replied 2 years ago.
Ma'am,

I just answered that question. Please permit me to repost.

If the house is in his name for the mortage but he has placed my name on the deed, am I entitle to part of the home property?
Yes, you are. So long as you are on deed, you are half owner of the property, regardless of your lack of presence of not being on the note itself. For ownership purposes it is the deed that counts.

Good luck.



Sincerely,

Dimitry Alexander Kaplun, Esq.


_____________________________________________________________________
Please click "accept" so I can be compensated for my assistance. Thank you!
Customer: replied 2 years ago.

can he remove my name off the deed

 

Expert:  Dimitry K., Esq. replied 2 years ago.
Ma'am,

I apologize but this question is far beyond the scope of the original post, which solely and only asked about separation and nothing pertaining to deed or transfers. JustAnswer has a policy of one question per posting unless the follow-up question is related to the original post, and in this situation the question is not related. If you have more questions I would ask that post a new thread at JustAnswer where I or an another expert can assist you further. If you wish for me to assist, please post your subsequent questions "For Dimitry..." and I will be happy to respond.

Good luck, and if you found my previous information useful, please feel free to press "accept" as that is the only way I get compensated for my work.

Sincerely,

Dimitry Alexander Kaplun, Esq.

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