my wife who wants to seperate wants me to leave the marital home. What are the legal issues if i move out?

UPDATED: May 29, 2009

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my wife who wants to seperate wants me to leave the marital home. What are the legal issues if i move out?

Asked on May 29, 2009 under Family Law, Pennsylvania


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In terms of what? What do you mean legal issues? In terms of marital assets, most states have laws covering abandonment or separation as a marker to determine if any incomes, assets earned or debts accrued during the period of separation are separate property.

In terms of equal distribution states, assets and debts are equally distributed unless you prove otherwise.

Do you have children? If so, are they minors? Do you work? Does your wife work?

Then, you need to talk to a divorce lawyer in your state about what the next steps are and what you should expect, especially with big items you may own jointly or separately. Try and then check his or her record at the Pennsylvania State Bar.

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 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.

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