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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99460
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I'm beginning the process of a divorce. Can I leave the home

Customer Question

I'm beginning the process of a divorce. Can I leave the home and rent an apartment, or will this risk how assets are separated? ALso, if I have a roommate will this add additional risk?
Submitted: 2 months ago.
Category: Family Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) Are both of your names on the title to the home?

2) Are there children? If so, will you be seeking custody?

3) Who will want the home - you or the other party? Or both of you want it?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 2 months ago.
You did not reply to my information request and I will have to log off soon, so I will assume: no children, and both of your names are ***** ***** home.
If so, then relocating out of the home would not risk your "share" of the home as it would be considered community property if both of your names are ***** ***** title. Leaving said property does not forgo one's community property share in a divorce.
That is also true if one lives with a roommate - that brings no additional risk assuming that the roommate is not a romantic partner and that you do not live in a state where the spouse can sue for divorce with a fault of adultery (which they may try to claim).
As you can see, much depends on the nuance, so please respond if you want to discuss this more at length.
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