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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3456
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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I need some legal advised as to what to do in my situation.

Customer Question

Hi, I need some legal advised as to what to do in my situation. I've been married 11 yrs. going on 12 yrs. on August 2, 2015 anyways our marriage hasn't been great as were always fighting for dumb things. We have two children our daughter is 9 yrs. old and our son is 8 yrs. old. I've been a stay at home mom pretty much throughout our marriage. I caught my husband talking to a Married women and doing some other stuff. That has made things very hard on us. Also I forgot to mention that we were separated a couple years ago and he had a child with someone else. Them we got back together which he pays child support for this child. We've had many problems throughout our marriage. I had an affair with someone in 2014 and from that affair I became pregnant. I'm due in August 25, 2015 its been very hard for both of us as we still wanted to work things out. It's been very hard on me as he's been hurting me emotionally. I almost had a miscarriage in the beginning of my pregnancy from all the stress that I've been going through. I would really like to work things out with him as I still love him. But its very hard to be with someone who keeps hurting you all the time verbally and emotionally. I just can't take it anymore. We bought a house in 2008 he is the only one the title. He wants me to move out of the house. He says I don't have any rights to anything because I haven't worked. I don't know what to do. Should I move out? I told him to help me out with money for our children so I can move out but he doesn't want to. I don't understand him I'm trying to come to an agreement between us for child support. He wants to make things more complicated between us. I want us to have a good relationship between us for our children. Also I'm sure the child I'm expecting is not my husbands as he got a vasectomy in 2007. please help Should I move out??? Do I have any legal rights to our house even if im not on the title? what advise do you recommend for this situation?
Submitted: 2 years ago.
Category: Family Law
Expert:  Michael J, Esq. replied 2 years ago.
Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today. I'm sorry to hear about your situation. :( The marital home is something that will be split equitably upon divorce, so yes, you have rights in the home to be determined upon divorce, even if you are not on the title. If this is your home and you don't have anywhere else to go, I'm not sure what reason you would have for moving out. I would advise you speaking with a local family law attorney about a divorce and how it would work. After speaking with your attorney, you may decide it's in your best interest to move out while waiting on the divorce. If you decide against divorce and are trying to work it out, it would obviously not help to move out in that situation. Either way though, you need to speak with a local attorney and assess your situation. That attorney can tell you what you can expect to receive in a divorce based on your assets and the length of your marriage. Anyone trying to advise you without knowing that information just wouldn't be doing their job properly. I hope this helps! If you valued my time, I'd love a positive review. I'll be happy to follow up until you're completely satisfied.Michael
Customer: replied 2 years ago.

I was thinking of moving out with my mom as we are constantly arguing. He has been taking money from our regular checking account and depositing into his business account which I have no access to. He has also been changing passwords on his emails and our bank account without even talking to me. can he accuse me of home abandonment?

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