What can happen if my husband and I are separated and about to file for divorce but I move out of our jointly owned house before it is final?

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What can happen if my husband and I are separated and about to file for divorce but I move out of our jointly owned house before it is final?

Will he be able to claim some type of abandonment against me to have me taken off the mortgage without my fair share of equity?

Asked on June 23, 2015 under Family Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am assuming that you are on the deed to the property, correct?  Then you have no worries.  ANd the courts do not consider you to have abandoned him and your assets if you move out of the house.  That is kind of an old fashioned way of thinking.  Especially if you are filing for divorce.  Once you file your lives are considered separate but your aseets are still your assets until you two or a judge decides otherwise.  Please seek legal counsel.  Good luck.


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