If a couple is going to divorce and the wife leaves the home, does she forfeit her right to live in the house or to get half the proceeds from its sale?

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If a couple is going to divorce and the wife leaves the home, does she forfeit her right to live in the house or to get half the proceeds from its sale?

Asked on June 18, 2012 under Family Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, but if you leave in a state where abandonment is cause for divorce, you want to make sure you secure your rights while you have the opportunity. Get a lawyer to immediately begin the filing for divorce and request a full accounting. You want to make sure you request part of the home or if you wish to stay in the home, that you be awarded the home (keeping in mind this may mean you may be required to pay the mortgage). 


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