Legal Question in Family Law in Maryland
I moved out !?!?
My husband requested a seperation that will most likely result in a divorce. He gave me the option to stay in the house and pay the mortgage but due to my current income I could not afford the mortgage on my own. He sent me apartments via e-mail and I found one that I like. He paid for my security deposit and first months rent so I signed the lease and moved. From what I'm being to told I made a mistake leaving the house before being court ordered and now look like the bad guy. Is this right? He is the one that wants the divorce and I left because I couldn't take the verbal abuse going on in the home. What should I do? Please help!
2 Answers from Attorneys
Re: I moved out !?!?
Even though you moved out, you have not forfeited your marital share of the residence and other property. However, he could claim desertion (a fault based grounds) to try and avoid paying you alimony etc. Moreover, you did not indicate if there were children - your moving could affect custody as well. If there are children splitting time between you, he might be awarded use of the house for up to three years. I can evaluate the situation better with more information. One thing is clear - you do need to get an agreement in place ASAP to protect your marital property interests and you should not sign anything without having it reviewed by counsel. If you need more information, we can be reached at www.marylandfamilylawyers.com. Good luck!
Re: I moved out !?!?
On the facts you cited, you won't have a problem, with respect to the grounds for divorce. But more importantly, you should immediately seek to negotiate a property settlement agreement with your husband. An experienced family attorney can be invaluable in getting this done for you.
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