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Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 29083
Experience:  30 plus years of experience.
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I live in Texas, my wife wants to do a separation to see if

Customer Question

Good morning,
JA: Hi. What is your issue regarding?
Customer: I live in Texas, my wife wants to do a separation to see if our marriage can be worked out. If I leave will she be able to file spousal abandonment
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: how can I find out what entitlements I may have.
Submitted: 1 month ago.
Category: Family Law
Expert:  Loren replied 1 month ago.

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

Expert:  Loren replied 1 month ago.

Abandonment is just grounds for divorce. A court may grant a divorce in favor of one spouse if the other spouse: (1) left the complaining spouse with the intention of abandonment; and (2) remained away for at least one year.

So, there has to be an intent to abandon, which is not present in your facts. So, no, it is not abandonment if it is a negotiated separation.

Expert:  Loren replied 1 month ago.

Are you online with me?

Customer: replied 1 month ago.
if I leave for a period of time, should I do a legal separation in order to protect myself?(2) when we got married my wife had already purchase our home. We refinanced our home and used her credit to get a better rate. My question is am I entitled to anything as far as the house is concerned. I pulled my credit report and the house does not show up on my report. We have been married for 5 years.
Customer: replied 1 month ago.
Did you receive my last question?
Expert:  Loren replied 1 month ago.

---So if I leave for a period of time, should I do a legal separation in order to protect myself?--

Yes, a written separation agreement is usually a good idea to clarify the rights and obligations of the parties during a time of doubt and transition.

----My question is am I entitled to anything as far as the house is concerned?---

Since the home is titled to your wife prior to the marriage, you would likely be entitled to claim a portion of the appreciation in value during the marriage.

Expert:  Loren replied 1 month ago.

Did you have further questions? Have I answered your question?

Customer: replied 1 month ago.
Should I consult with a family lawyer to get all the legal douments? Or is this something I can do online?
Expert:  Loren replied 1 month ago.

I would recommend consulting an attorney. There is no reason to learn as you go with something this important.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Expert:  Loren replied 1 month ago.
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Thank you!
Loren
Expert:  Loren replied 1 month ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

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Thank you!