If my wife told me to leave and stay with my mom and I did, is this abandonment?

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If my wife told me to leave and stay with my mom and I did, is this abandonment?

She said she needed her space and time to think, which is now going to be a divorce. If she has changed the locks, am I entitled to be back at the house? We are going to make separation list, should I make her sign that she wants me out? Also. I have no place of my own; I am at my mom’s temporarily and cannot afford anything on my own. My wife always took care of the mortgage and home bills; she makes more than double my salary. Am I available for benefits to help obtain an apartment since I was accustomed to that for so many years? Should I go back to the house and stay?

Asked on August 23, 2012 under Family Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is not considered abandonment but it sounds as if your wife is pulling the wool over your eyes.  She cannot change the locks and keep you out of your own home, especially if you are on the title. You should absolutely consider hiring an attorney and seeing if you qualify to get spousal support (palimony).


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