How can I leave my house without it being considered abandonment?

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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 11 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.


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