Legal Question in Family Law in California

my husband has ask me to leave our co-owned home of 30 years. what charges of abandenment can he charge if I do? Do I need something in writing to protect me?


Asked on 2/24/10, 1:46 am

1 Answer from Attorneys

There is no such thing as abandonment of a spouse in the way you mean. He gains no legal advantage in a divorce if you move out, except a slight advantage as to who gets to live in the house (if anyone) once the divorce is finalized. Assuming the house is community property, which it sounds like it is, if he stays in the house he will have to pay you or give you assets worth half the equity in the house. If you stay and got the house you would have to pay him. If neither of you can make the equalizing payment, the house will have to be sold and the proceeds divided. You moving out instead of him will not affect spousal support. I'm also assuming you do not have any minor children at this point. If you do, then my comments above would change somewhat, so you should ignore them and re-post your question with information about the kids included.

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Answered on 3/01/10, 7:04 am


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