Have I lost interest in my home ?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Have I lost interest in my home ?

I left my husband in May with our daughter and moved in with my parents. He has become physical and emotionally abusive. I have been told that because I left I no longer have any interest in the home. I am saving for an attorney now.

Asked on June 16, 2018 under Family Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have been told wrong. Moving out, especially to escape abuse, does NOT affect your interest in the house in the sense of being entitled to a share of its value in one way or another--i.e. the house is one of the assets that will be divided between you in the divorce.
(Exception: if he owned the house solely in his name pre-marriage and never put you on the deed, inherited it, or bought it 100% with money that he inherited, it will be his alone. Conversely, if you owned it pre-marriage, etc., it remains yours alone.)
If you both want to live in the house rather than sell it immediately, that you moved out may give him an edge in getting to live in it over you, since he remained continuously in residence. You'll still be entilted to a share of value in this case, either paid later on the sale of the house, or from him buying you out, but if he wants to live in the house after the divorce, you moving out makes that more likely.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption