Since I live in the house with my husband but we are getting a divorce and the house is paid for, if I move out will I have any rights to it?

Asked on January 21, 2013 under Family Law, Kansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your situation and completely understand your concerns.  But the key facts here have not been disclosed.  Those facts would be did you and your husband purchase the home during the marriage, how is the title held and if you did not purchase it during the marriage did you do anything to actively add to the value since you have gotten married.  You need to determine if it is a marital asset for distribution.  Moving out does not change that or your rights.  Good luck.

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