Q: If I leave my wife and child living in my condo during a separation will I lose my condo in the divorce?
We have been having problems for a while and I have decided it is time to divorce. I wanted my 2 year old to be as unaffected as possible so I am staying with friends for now. I have owned the condo for more than 7 years in my name only. We have been married for just over 3 years.
A: Because at this point you have one child who is under school age and this is a brief marriage with the asset acquired a number of years before the marriage , the Court would likely order sale of the unit if it is a financial drain. If you want to have the wife and child continue to reside there the Court would not disapprove of this , but not so likely to compel a later post high-school or other division . However, there may be unique circumstances I am unaware of from this brief description so I urge you to engage divorce counsel. There are likely also to be custodial and visitation and child support issues you will want to go over at the very least.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
