Wildwood, FL asked in Divorce and Family Law for Florida

Q: Can I move out off my home until tells o I am divorced and not get in any trouble and not loose my half of me aets

My husband is calling me names and trying to make me miserable while we are living together being very mean saying he should of bashed my head in and calling me bad names he says he is going to make me miserable until I leave:he thinks if I leave he is going to get me for abandoned the home so when it sells he does not have to give me half he is a drug addict smoking crack in the home while I am working and he knows I do not want him smoking drugs in my home but I can't stop him

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2 Lawyer Answers
Michael Ferrin
Michael Ferrin
Answered
  • Orlando, FL
  • Licensed in Florida

A: You can leave the home without affecting any marital rights you may have in the home other than possession and access. Once you leave the home and the divorce is filed, you will not be able to return to the home unless you have a court order or an agreement between you and your husband. Also, if you feel that you are in fear of domestic violence you may want to look into filing for an injunction.

Pamela J. Fero
Pamela J. Fero
Answered
  • Fort Lauderdale, FL
  • Licensed in Florida

A: Moving out of the marital home while awaiting the finalization of the divorce does not automatically mean you relinquish your rights to the property. The home remains marital property regardless of who lives in it until the court issues a final decree in the divorce proceedings.

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