Q: My husband and I have separated by his request. If I move out of our house, can he claim that I abandoned our home?
We have been married 34 years before separation and live in Florida. We own the house together and I'm still living in the same home with him but separated, but i would like to live in my own apartment now. He said he would help me with rent since I am disabled and live on Social Security disability payments. I don't want a divorce but he said he will get one without me and I want to know if he can take my house away from me by claiming abandonment. Thank you for your help with this matter.
A: As Florida is a no-fault divorce state, Florida does not recognize abandonment as a fault ground for divorce. As such, if you were to abandon the marital residence, it could not be used against you in divorce proceedings. Further, he can go forward in the divorce without you even if you do not want the divorce, but you would still be entitled to your equitable share of the marital assets (including the house). I hope this helps. Good luck.
Opal Phiona Lee agrees with this answer
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