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I'm beginning the process of a divorce. Can I leave the home

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I'm beginning the process of...
I'm beginning the process of a divorce. Can I leave the home and rent an apartment, or will this risk how assets are separated? ALso, if I have a roommate will this add additional risk?
Submitted: 1 year ago.Category: Family Law
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Answered in 2 minutes by:
7/27/2016
Family Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,680
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) Are both of your names on the title to the home?

2) Are there children? If so, will you be seeking custody?

3) Who will want the home - you or the other party? Or both of you want it?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

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Family Lawyer: Ely, Counselor at Law replied 1 year ago
Hello,
You did not reply to my information request and I will have to log off soon, so I will assume: no children, and both of your names are ***** ***** home.
If so, then relocating out of the home would not risk your "share" of the home as it would be considered community property if both of your names are ***** ***** title. Leaving said property does not forgo one's community property share in a divorce.
That is also true if one lives with a roommate - that brings no additional risk assuming that the roommate is not a romantic partner and that you do not live in a state where the spouse can sue for divorce with a fault of adultery (which they may try to claim).
As you can see, much depends on the nuance, so please respond if you want to discuss this more at length.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
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Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,680
102,680 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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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).

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