If my husband has been physically violent once before and I’m afraid him again but my family lives 45 minutes away so I leave with my children, would it be considered home abandonment?

I’m considered common law married and have 2 daughters, property and home that we both share. My husband left 3 weeks ago.

Asked on October 10, 2015 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Do not leave your children behind.  If you husband is abusive or has been abusive... then do not leave them with your husband or you give your husband the argument "if I was so bad, then why did she leave the children with me."  Leaving your husband to get to safety is not considered abandonment.... it's getting to safety.  However, leaving your kids is a different story, don't put them at risk.
As far as property, until a court says that the house is your or his, it is property that belongs to both of you-- and the judge can divide and award you an interest in the property.
Get to safety.  Then, reach out to a legal aid organization and get the support you need to file for a divorce and obtain a restraining order. 

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