What are my rights if my wife abandoned me?

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What are my rights if my wife abandoned me?

Had a prenuptial agreement written by us together and notarized. I am older than my wife and wanted to protect her in the event of my death before hers. I had adopted 2 children in another state in a previous marriage and didn’t want anyone coming to place a lien or whatever against the property owned by my wife and I. She has since abandoned me without any notice, I had to put out a nationwide APB to locate her. We own our home free of debt. I agreed to give her the money from the home sale but I do want the keep the possessions that were obviously mine prior to our marriage. Since she simply disappeared and abandoned me without so much as a note, are my possessions safe from her and can I contest and win?

Asked on August 4, 2012 under Family Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, if your wife abandoned you and your family, you are entitled to one half of the marital assets and all of your own separate assets. Since she has disappeared, you essentially are to use the items of the marital estate as though they are all your own pending any further communications from your spouse.

Right now, your possessions are safe to use as how you want to make use of them.


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