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I have a question about marital separation and divorce. I am

in Tennessee. Can a lawyer...
I have a question about marital separation and divorce. I am in Tennessee. Can a lawyer from another state still answer my questions?
JA: Are there any minor children from the relationship? What is the custody situation?
Customer: We don't have any children
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can a lawyer in another state answer divorce questions for my state?
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Answered in 2 minutes by:
8/2/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,743
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Because we are providing general information for educational purposes and not specific legal advice, a lawyer in any state can answer your questions. We cannot represent you in the divorce, but we can point you in the right direction.

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Customer reply replied 4 months ago
Okay.

What questions do you have?

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Customer reply replied 4 months ago
I own a home with my husband. I would like a separation and want to move out of the house because of emotional abuse. Do I have any rights in this case? Is it even legally possible for me to move out and he takes over the mortgage payment?

I'm sorry to hear about the abuse.

You're legally entitled to half of all assets acquired during the marriage, which includes half the equity in the marital home. If he wants to continue living there, the judge can order him to pay you half the equity and refinance the property in his name (to protect your credit). If he either can't afford to take on the mortgage himself or doesn't want to, the judge can order the house sold and the equity split 50/50.

Moving out doesn't give up your claim to half the equity, so yes, you're allowed to do that.

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Customer reply replied 4 months ago
Also, if I move out and he ends up keeping the house, does he pay me half of the equity? And one more question, He has a 401k. I don't. Can we file for divorce without an attorney if he is planning to keep his 401k?
Customer reply replied 4 months ago
I live in Nashville, Tennessee

You're legally entitled to half the money in his 401(k).

A lawyer isn't required, but you may hire one to protect your interests and ensure you're getting what you're entitled to.

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Customer reply replied 4 months ago
What about moving out of the marital home? Any advice there?

You're free to move out. You still get half the equity, and he'll have to refinance the loan to keep the house.

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Customer reply replied 4 months ago
Can he make me continue to pay my half of the mortgage if I move out? I can't exactly abandon my duty to pay, right? We would have to come to some sort of verbal agreement that he would take over the mortgage payments?

As far as the bank is concerned, you're liable on the mortgage until it's paid off (or refinanced without your name). If you stop paying and he doesn't make the payments, they can foreclose and it will show up on your credit. That's why the judge should tell him to get the loan into his name only.

Once you're in divorce court, the judge can order him to make the full payments. Until then, the two of you would have to come to an agreement that he'll pay since he's the one who gets to keep living there.

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Customer reply replied 4 months ago
That's what I thought. Also, how would we divide the property 50/50? Would we each take what we have paid for or just come to a verbal agreement on how to split it? That's if we don't have an attorney.

Most spouses divide their personal items like furniture, books, clothes, and household items among themselves. You can agree to each keep what you bought, or to each keep what you used, or to try to make sure you each get items of roughly equal value. Anything you agree to will usually be OK with the judge.

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Customer reply replied 4 months ago
I really appreciate your help! This is informative. Do you have any advice about asking my husband for a separation (and that I would like to move out) and asking him to take over the mortgage? Or anything else about divorce or marital separation I should be aware of?

I'm glad I could help.

The main thing to keep in mind when asking for a separation is that he doesn't have to agree. You're not happy with the marriage, you can leave. But also, Tennessee allows you to file for divorce on the grounds of irreconcilable differences. You do not have to live separate and apart before filing. That means, if he won't agree to take over the mortgage, you could file for divorce and move for an order that the house be sold while the divorce is pending.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,743
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
Okay, this is helpful. Thank you very much!

You're welcome!

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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,743
30,743 Satisfied Customers
Experience: Attorney with experience in family law.

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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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