If my husband and have been having marital problems for a few months now and I leave for a short period of time, am I giving up my rights to our property?

He thinks that it would be a good idea for us to spend a little time apart, about 2 weeks, to see what it is that we both need and want. Our home is paid for, but my husband owned that property before we married. We own 2 other homes that were purchased after we were married.

Asked on November 20, 2015 under Family Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes you can move out but the fact is in this situation it's never a good idea to leave the "marital residence" until there a separation agreement in place or it is during the course of a divorce proceedings and agreed in court. Even though your husband owned the house prior to yout marriage, at this point you may have equity in the huse. While, you may not lose any equity if you move out, you be forced to pay bills towards the house. If you leave, this fact might be used against you. Additionally, he could obtain a court and get exclusive occupancy of the house which could mean that he would be allowed to reside in the house and preclude you from returning if you wanted to.
At this point you should consult directly with a divorce attorney in your area. They can best advise you further. They could perhaps help you with a separation or post-nuptial agreement which would prevent your husband from saying that you abandoned the house.


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