Q: Married 20 years, want to leave but fear desertion claims, no kids involved.
I have been married for almost 20 years. We own a home together and I would like to sell it and split the profit, as well as divide a few shared items. We currently live in the same home, even sharing a bedroom. I want to leave, but I'm not sure if I would forfeit everything, as in a claim of desertion, if I do. There are no children involved.
A: If you have a community property regime, which you most likely have, 1/2 of the marital assets and 1/2 of the marital debt is yours and the other half is his regardless of who is at fault in the marriage. I recommend that you contact a divorce/community property/family lawyer in your area and have a consultation to discuss your legal options---after all, after 20 years of marriage, you want to make sure that are aware of what you are legally entitled and that you receive it if you want it. Good luck.
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