If I do not sleep at my house but I am home all day and evening, am I risking losing my home?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I do not sleep at my house but I am home all day and evening, am I risking losing my home?

I run a home day out of my house. My children are children ages 13, 16 and 18 There is no infidelity involved. Married for 19 years. I am not separated yet.

Asked on August 1, 2011 Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am sorry about the situation that has evolved here.  I think that you are worried that a court will consider that you have abandoned the home or the marriage.  Although a good divorce lawyer will tell you never to leave the house - ever - until there is an agreement or court order in place, sometimes that is not possible.  Generally speaking, courts do not take fault in to account in determining the distribution of marital property.  The factors considered are as follows: (A) the contributions, monetary and nonmonetary, of each party to the well-being of the family; (B) the value of all property interests of each party; (C) the economic circumstances of each party at the time the award is to be made; (D) the circumstances that contributed to the estrangement of the parties; (E) the duration of the marriage; (F) the age of each party; (G) the physical and mental condition of each party; (H) how and when specific marital property or interest in property described was acquired, including the effort expended by each party in accumulating the marital property or the interest in property described in subsection (a)(2) of this section, or both; (I)      the contribution by either party of property to the acquisition of real property held by the parties as tenants by the entirety; (J) any award of alimony and any award or other provision that the court has made with respect to family use personal property or the family home; and (K) any other factor that the court considers necessary or appropriate to consider in order to arrive at a fair and equitable monetary award or transfer of an interest in property or both. (Maryland Code - Family Law Chapter - Section: 8-202, 8-203, 8-205).  Your situation is a complicated one with the business being run out of the house.  But even if you are not there at night you still have a responsibility to pay the bills etc., which you need to continue to do.  Good luck.


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