If I take all my belongings out of my husband’s house, is that abandonment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I take all my belongings out of my husband’s house, is that abandonment?
My husband and I got married 4 years ago. We have 15 month old twin boys. We decided to separate and I have been gradually taking my belongings out. If I take all my belongings out before we file for legal separation or for divorce, will this be considered abandonment? We split the custody right now for the kids until we speak to a mediator or attorney.
Asked on October 29, 2011 under Family Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
New York recognizes two types of "abandonment" grounds. One is just called "abandonment" and one is called "constructive abandonment." Abandonment consists of four elements: (a) voluntary separation of one spouse from the other (b) an intent not to resume cohabitation (c) lack of consent of the other spouse (d) no justification and it must be for one or more years. When your spouse has not physically left the house the courts use constructive abandonment instead which is (a) One spouse locks the other spouse out of the marital home (b) The actions of one spouse makes it impossible to live together (c) Lack of sexual relations. It sounds as if you two are separating amicably but I know that things can turn quickly from amiable to contested so I would try and seek legal help sooner rather than later. And leave some stuff there. 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.