Legal Question in Family Law in California
Do I lose right to my home if I leave?
My spouse is always drinking, not a good environment for the kids. I want to move and take the kids, since he refuses to move out. If I move to another location will I lose right to my 50% of the homes equity? Is this considered abandonment? Please offer any advice.
Thank you.
1 Answer from Attorneys
Re: Do I lose right to my home if I leave?
You can move, with the children, and not lose any interest in the house (assuming you have any interest to begin with). However, you should not "maliciously take and conceal" the children. In other words, you should let him know that you are still in the area, provide a phone number.
If there is an issue of violence, you can ignore what I just said about giving him info, but you should, as soon as you move, file for a restraining order and for a confidential address.