How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney 1 Your Own Question
Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2447
Experience:  Knowledgable and Experienced Attorney
16911602
Type Your Real Estate Law Question Here...
Attorney 1 is online now
A new question is answered every 9 seconds

Is it still considered abandonment when you own two homes,

Customer Question

Is it still considered abandonment when you own two homes, yet the wife leaves to the second home.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 2 months ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

Abandonment occurs when one spouse severs all ties with the family. Moving to another family home does not necessarily sever all ties. However, if the spouse that moved out has no intent to return, does not allow the other spouse access to the second home and permanently abdicates all family responsibilities, abandonment can be found if this has been going on for a year or more.

I hope this helps. If you need additional information or clarification, just let me know and I'll continue to provide assistance. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide.

Good luck!

Best,

Attorney 1

Customer: replied 2 months ago.
Here's the issue. We are in agreement to proceed with divorce. However, if I leave to move to our second home, am I still intitled to receive alamony support?
Expert:  Attorney 1 replied 2 months ago.

Thanks for the additional information. You do not have to continue living under the same roof in order to protect spousal support. An agreement that you move to the second home for the sake of everyone sanity will not disqualify you from any spousal support for which you are entitled. Even if you leave without the consent of your current significant other, there should be no issue. Many people file for divorce and can't live together any longer. That does not constitute abandonment.

I hope this helps. If you need additional information or clarification, just let me know and I'll continue to provide assistance. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide.

Good luck!

Best,

Attorney 1

Expert:  Attorney 1 replied 2 months ago.

PS If you are not moving out by "agreement", it is a good idea to be sure that divorce proceedings are indeed initiated within the period of one year if you do not get back together.

Good luck!

Best,

Attorney 1

Customer: replied 2 months ago.
Thanks
Expert:  Attorney 1 replied 2 months ago.

My pleasure.

Related Real Estate Law Questions