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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33926
Experience:  Began practicing Family Law in 1992
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My husband and I are going to separate and I was going to go

Customer Question

My husband and I are going to separate and I was going to go get an apartment, we have no small children and two dogs. Should I refuse to leave or will it be okay for me to go. He is a divorce attorney so I am sure he will be able to get what he wants out of the deal. I just don't want to lose everything. I just need enough to survive.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: no we were going to do an agreed but now I am second guessing that since he is a lawyer and maybe I won't exactly understand everything he has drawn up.
JA: Anything else you think the lawyer should know?
Customer: He does have an inheritance that I know I am not entitled to. He did however take a portion of it and bought our second house with it. it was under both of our names so the money should have gone to our joint account when we sold it. He did put that into our account but when we sold our other home he wired it back to his trust. Wasn't I entitled to those funds once he chose to commingle?
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Generally it doesn't make any difference in a separation as to who leaves unless you are going to fight for possession of a piece of property and you believe he may use your leaving as an argument that you "abandoned" him or the property. Some years ago that was an argument that made a difference but over the years it doesn't matter as much.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.