If I leave my home as part of a trial separation am I sacrificing my rights to the home?

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If I leave my home as part of a trial separation am I sacrificing my rights to the home?

My wife and I are going to enter into a trial separation. The best thing for my
child would be for my wife to remain in the marital property and I would go stay
with a family member.

Would I be sacrificing my claim to the equity in the marital property in the case
of a future legal separation or divorce?

Would I be sacrificing my claim to keep the marital property in the case of a
future legal separation or divorce?

Asked on March 16, 2018 under Family Law, New York

Answers:

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

Answered 3 years ago | Contributor

As a general rule, leaving the home during a separation does not affect your share of the equity in the marital home in the final decree.  That having been said, since children are inviolved, you may want to consult direclty with a local divorce attorney who can best advise you how this may or may not affect your rights.


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