Have I lost interest in my home ?

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Have I lost interest in my home ?

I left my husband in May with our daughter and moved in with my parents. He has become physical and emotionally abusive. I have been told that because I left I no longer have any interest in the home. I am saving for an attorney now.

Asked on June 16, 2018 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have been told wrong. Moving out, especially to escape abuse, does NOT affect your interest in the house in the sense of being entitled to a share of its value in one way or another--i.e. the house is one of the assets that will be divided between you in the divorce.
(Exception: if he owned the house solely in his name pre-marriage and never put you on the deed, inherited it, or bought it 100% with money that he inherited, it will be his alone. Conversely, if you owned it pre-marriage, etc., it remains yours alone.)
If you both want to live in the house rather than sell it immediately, that you moved out may give him an edge in getting to live in it over you, since he remained continuously in residence. You'll still be entilted to a share of value in this case, either paid later on the sale of the house, or from him buying you out, but if he wants to live in the house after the divorce, you moving out makes that more likely.


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