Legal Question in Family Law in Washington

How do I get him to leave

My husband and I want to divorce. Neither he or I are willing to leave residence. Residence was mine (100% equity) prior to marriage but was transferred to comm prop when we did a small refinance to remodel. He won't go and my life is miserable. What do I do. There is no physical abuse - just verbal.


Asked on 10/28/07, 8:39 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: How do I get him to leave

Please look up the closest domestic violence resource center. Abuse doesn't have to mean physical violence, there is more to it than that.

The advocates can help you sort this out, you just need to find them and ask for help.

You don't give up your home just by leaving, so long as you go somewhere else and assert your rights without delaying too long. But if safety is an issue, the house is the least of your problems.

When you are safe you can make better decisions. Please ask for help, it won't cost you any money to talk to a counselor/advocate who can help you sort out what is going on and what you should do about it.

He may well have a community portion of the equity earned before you re-fi'ed, and there may well be a community characterization of the property now that you have re-fi'ed and you are married. But that isn't what the court really cares about when making a just and equitable distribution.

Hope this helps. Elizabeth Powell

Elizabeth Powell

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Answered on 10/29/07, 12:20 am


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