How can I leave my house without it being considered abandonment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I leave my house without it being considered abandonment?
My husband is mentally abusive. I want to leave before things get worse but I was told it would be considered abandonment. What are my options because I don’t want to lose everyhting I worked so hard for?
Asked on November 3, 2010 under Family Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you choose to leave your spouse and children, if any, that does not constitute abandonment. Also, leaving the marital home, does not necessarily mean that you will lose title to the it or any equity in it. If a divorce complaint is filed which includes a count for equitable distribution, then you and your spouse will have to divide your marital property. Under PA law, a husband and wife do not automatically receive 50% of the marital property. Instead, an equitable distribution is based upon a variety of statutory factors. Thus, the marital property may be divided 60/40 or 55/45 or even 75/25, depending upon the facts of your particular situation.
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.