If I leave the home for mental health reasons, does that effect my request for the home?

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If I leave the home for mental health reasons, does that effect my request for the home?

I just filed for divorce but still live in the family home. He has been acting untrustworthy and I don’t feel comfortable at home anymore. I have asked for the house in the paperwork but he hasn’t been served as of yet. I am currently awaiting a sheriff to serve him the papers. For the last few months he has been randomly throwing away my things and just being very difficult to deal with. I am diagnosed with anxiety issues and this causes me great anxiety. He is very well aware of this. I would like to leave the house to keep my sanity but do not want to hurt my chances of retaining the house.

Asked on January 22, 2012 under Family Law, Oregon

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It may hurt your chances in having the home awarded to you. If you have small children (minors), then the home is more likely going to be awarded to you if you are awarded custody. However, if you leave the house for a diagnosed medical condition, your spouse will try to use this against you so you may try to obtain a restraining order against him instead especially if he is throwing things away and you are afraid of him. Try to talk and consult with an attorney who is experienced in these kinds of divorce situations and see if it is advisable to leave the house.


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