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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118689
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband moved out of the house and left me a text

Customer Question

My husband moved out of the house and left me a text message. I don't know where he is. He is not answering his phone and none of his friends will admit knowing where he is. He has taken his clothes, computer and personal items.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry to see this is happening. Since he has moved out, you need to act immediately to protect yourself. As harsh as this sounds you need to get to a local family law attorney immediately and get them to file for divorce and a motion for temporary possession of the marital home, which will prevent him from returning right now. Once you do that, you can seek to protect the assets you have by removing them from any joint named accounts and putting them into an account in your name only for now.
As CA is a community property state, you are ultimately going to have to split all of the property acquired during the marriage 50-50 pursuant to CA law, it is better that you have control over the money until the court orders the division of that money.
I know this sounds drastic, but you need to protect yourself.
Since he bailed on you, the chances of him being able to get spousal support will be greatly reduced, but again he is going to be entitled to 1/2 of all of the property from the community eventually, so being proactive now will put you in the better position later on in the process.