Have Legal Questions? Ask a Lawyer Now.
Hi, can you see this?
Great. Thank you for your response.
In which state is your situation occurring?
Thanks. I don't want to make a wrong assumption. Is your question whether you can legally move out of the co-op apartment that you share with your husband?
Sorry, I'm second language.
That's ok. If you don't mind, could you rephrase the question? Thank you for your patience.
I want to separate my husband in a "quiet" way, I can't take the sentimental way, it hurts. I just want to leave and later on to call him and tell him that is over, but I want to be sure that I have the right to get some of the money as a co-ower, that he will not have everything. I mean, he may say "She just left me, why do I owe her anything?"
Thank you for that clarification. For how long have you been married to your husband?
from 1994, I brought him from Romania.
Does your husband rely on your income?
We keep money separately, it was my decision from very beginning.
Thank you for that information. I should start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, your question of how leaving a marriage without warning will affect property rights is a common one.In New York, leaving the marital residence will ordinarily have no impact whatsoever on the property rights of the couple. In other words, moving out of the marital home will ordinarily not be interpreted to forfeit either spouse's right to the equity in that home. If the wife moves out without warning, she can expect to retain all of her property rights to the home.
Thank you so much.
In New York, if one spouse abandons the other, it it possible that it will have an impact on spousal support or alimony, however you will usually only see that where there is malice or unconscionable abandonment. The courts do not want to force a couple to stay together and will not punish them for separating. Sometimes it is best if a couple does not live together.
Take whatever actions you believe would be appropriate to keep yourself safe. It is also usually a good idea to let your spouse know as soon as possible after moving out so there is no confusion about your safety. You do not want the police searching for you because you are reported as a missing person.
Does that help?
Yes, thank you so much for helping me.
Great. Did you have any other question?
I'll contact you again if I have more questions.
All the best.
It was my pleasure. Take care.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).