Can I move out of my home and not loose claim to it?

UPDATED: May 31, 2012

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Can I move out of my home and not loose claim to it?

Due to infidelity over 24.5 years – constant critism and insults, I would like to know if I moved out of my home, which is fully paid off, if I would loose any claim to the home?

Asked on May 31, 2012 under Family Law, Florida


John Grubb / John K. Grubb & Associates, P.C.

Answered 10 years ago | Contributor

With a fully paid for home, long term marriage, and infidelity you need to immediately consult with a good attorney -- before you do anything. 

As a general rule a party does not loose a claim to a home simply because they seperate.  The courts have seen too many cases where people "stood their ground" and someone ended up getting hurt.  Therefore, as a general rule they view a person who gets out of a potentially dangerous situation as a wise person.

But again, consult an attorney in your area immediately.

John K. Grubb

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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