Legal Question in Family Law in New York
abandonment
i left my home when my husband refused to go. we agreed i would rent an apartment for one year . at the end of that time we would reasses and come together to re-evaluate our needs. is it in any way considered abandonment? i go home daily and stay to take care of pets if my husband is away. both our names appear on the deed. what if my spouse will not allow me to return? will i then need to start divorce proceedings. i am hoping to avoid and nasty business. i have been hopeful that my husband will live up to his word, but i worry about my legal right to our home.
2 Answers from Attorneys
Re: abandonment
This scenario could potentially set up grounds for abandonment but it is unclear. If you left with your husband's permission and consent you have a defense to abandonment allegations. If your leaving was a foregone conclusion, then you cannot argue permission and consent.
There is also the potential issue of constructive abandonment...
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: abandonment
This is a difficult situation. There are so many emotions involved in divorce.
However, abandonment is not an issue in this case. The house is a part of the marital estate and you will be entitled to a share upon divorce.
Your soon-to-be ex-husband will have a very hard time getting a court to take the 'abandonment' theory seriously.
Your best option ius to find a reliable and competant attorney to assist you in filing for divorce and division of the 'marital estate'. Your worries on this point will be relieved on your first meeting with the lawyer.
You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.
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