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

UPDATED: Aug 1, 2011

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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


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

Answered 11 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.

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