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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My husband and I have been partially separated w/ me living

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My husband and I have been partially separated w/ me living at my mom's several days of the week for a out 7 months. We have not filed for a legal separation. This arrangement is no longer working and I have found an apt that will do a lease for 3-6 months. He refuses move & the duress of living under the same roof is at an all time high. W/that said, my question is if I move into an apt for 3-6 months, can I lose my rights to our marital home due to abandonment? I'm leaving more than half my belongings here and my name is XXXXX XXXXX deed as well.

Thank you
Dear JACUSTOMER - So long as you are married the property is part of the community property of the marriage and if your name is XXXXX XXXXX deed you own half of the real estate. So you can't lose your ownership however if you have personal belongings in the house your husband could dispose of them without your knowledge and you would have a difficult time recovering the property or the value. So if you do not intend to move back in the house you may want to retrieve your belongings for protection. Once you file for divorce the property issues will be resolved and you will receive your one half share of the marital and community property. Just because you don't live in the house doesn't mean you are no longer an owner. Your husband cannot sell or transfer the real estate without your signature.
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