Legal Question in Family Law in Texas
Separation - Home Abandonment
My husband and I are separating, and he was told that if he left the house, I could get everything based on abandonment. What are the laws on couples separating as it pertains to one moving out of the home?
1 Answer from Attorneys
Re: Separation - Home Abandonment
Abandonment is a ground for divorce, and can result in one spouse getting more than one-half of the marital estate.
Below is the excerpt from the Family Code:
� 6.005. ABANDONMENT.
SUBTITLE C. DISSOLUTION OF MARRIAGE
SUBCHAPTER A. GROUNDS FOR DIVORCE AND DEFENSES
The court may grant a divorce in favor of one spouse if the other spouse:
(1) left the complaining spouse with the intention of abandonment; and
(2) remained away for at least one year.
Parties often separate amicably with one party agreeing to leave the house, but that does not constitute abandonment, nor an intention to waive rights to his property.
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