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I have a family law question.... Minnesota Dakota County.

I have a family...

I have a family law question....

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Minnesota Dakota County

Lawyer's Assistant: What steps have you taken so far?

None- my husband as found a lawyer for divorce because I was unfaithful... he is asking me to leave the house and we have 2 children

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm wondering if leaving the house will be detrimental to me

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Answered in 5 minutes by:
3/23/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Leaving the house won't give up your claim to the property. If he wants to keep it, he'll still have to pay you half the equity in the property. Any detriment in this scenario would more likely be related to the children than the house itself.

Judges tend to award custody to the parent who is established as the primary caregiver. If you leave without taking the children, then it could be more difficult to argue for custody (although the judge will consider other factors, including the relationship each of you has with the children, who is in a better position to care for them, your respective ages and health, and other relevant facts). The amount of time that passes between you moving out and when the temporary order is decided could also come into play. You might have trouble returning to see the kids, solely because he wouldn't be required to let you take them without a custody or visitation order.

You can, of course, take the children with you unless there is a court order that prevents it. He wouldn't have any legal right to stop it. You could also choose to stay with the kids, and when the divorce is filed, ask the judge to grant you both temporary custody and possession of the home. It's fairly common for judges to allow the spouse who is going to care for the kids to keep the home in order to limit the amount of disruption on their lives.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 5 months ago
Ok- I understand this. But will it affect my ability to gain joint custody of the children if I'm the one who leaves because he's asking me to? Will it be harder for me to get joint, shared custody because I'm the one who left the family home? I'm not going to fight for the house.

It's possible that he would seek sole custody based on the fact that he's been the sole caregiver since you moved out. This is true even if you only left because he asked you to. That doesn't mean he'll necessarily get it, but it could be more difficult.

If he'll agree to joint custody (in writing), then it doesn't matter who moves out. Another thing that might help you is if you can arrange a visitation schedule before you go, so you'd still be seeing the kids, calling them, and otherwise participating in their lives despite living somewhere else.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
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 5 months ago
ok, thank you!
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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