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Rammifications of Moving Out?

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stungbytravel posted 6/13/2013 18:01 PM


I am in Arizona - community property and no-fault divorce state. The house is community property.

Can someone share the rammifications if I move out? I have told him to do so but well.....nothing yet. I am interested in not just legal rammifications. I have a call into an attorney to check but haven't heard back yet.

I am unable to be around him anymore - its just too hard and I want to start to heal.

Sad in AZ posted 6/13/2013 19:30 PM

You can speak to an attorney to be doubly sure, but the idea of abandonment of property is a misconception in most (if not all) states. I moved out of the house and there were no ramifications at all.

I'm assuming you're talking about getting your portion of the sale of the house (or getting him to buy you out) and not foreclosure if he does not pay the mortgage--that will still count against you.

stungbytravel posted 6/13/2013 23:10 PM


Yes, someone else mentioned that I would probably not get the house back. Once I am gone, I'm gone

roughroadahead posted 6/13/2013 23:23 PM

Speak to an attorney in your state to be sure (I know you've already called), but you certainly can get the house back in my state if you leave. You may be at a disadvantage from a negotiation standpoint, but there's no law that says once you're out, that's it. You retain a property interest in it regardless, so you would be entitled to your share of the equity.

If he were to keep the house, be sure to request that the mortgage be refinanced in his name only.

stronger08 posted 6/14/2013 02:00 AM

I had none when it came to the sale of the home. Only issue was that the mortgage needed to be paid until that time. I sold right before the housing collapse so it was a godsend money wise. But I still had to pony up thousands until it sold. In retrospect it was money well spent. I don't think I could have lived in a house with an active and unremorseful WS. Some serious shit would have happened if I did.

[This message edited by stronger08 at 2:02 AM, June 14th (Friday)]

7yrsflushed posted 6/14/2013 08:08 AM

Yep as stated check with your lawyer. In my state the marital home is community property. Even though I purchased it before we got married if she had moved out I still would have had to pay her half of the appreciated value from the time we married and she moved in. The laws vary from state to state.

Do you have children? I ask because I see many posts around here were people are advised against just leaving the home if kids are involved without seeing a lawyer. The fear is the spouse "may" try to say they abandoned the family and use it against them in court. Again I didn't have that scenario so check with your attorney.

[This message edited by 7yrsflushed at 2:52 PM, June 14th (Friday)]

ButterflyGirl posted 6/14/2013 08:51 AM

You can speak to an attorney to be doubly sure, but the idea of abandonment of property is a misconception in most (if not all) states. I moved out of the house and there were no ramifications at all.

Same with me. I couldn't take his emotional abuse and violence anymore, and I left. STBX likes to tell me I "abandoned" the property, but that's just not true at all. I haven't lost any rights to the property and am currently trying to get exclusive use. I'm not living there again unless he's not allowed to go there and I can call the cops and get him to leave if he shows up..

Do you have children? I ass because I see many posts around here were people are advised against just leaving the home if kids are involved without seeing a lawyer. The fear is the spouse "may" try to say they abandoned the family and use it against them in court. Again I didn't have that scenario so check with your attorney.

I do think it would have been different had I left the children with him. I can see how that's "abandoning" the family, but I'm no lawyer.. Obviously, I took the children with me..

I am unable to be around him anymore - its just too hard and I want to start to heal.

Lots and lots of people will tell you not to leave the marital home, and I can see why, but sometimes it's best for your sanity to leave, as in my case. I would definitely check with an attorney. Perhaps you can get exclusive use fairly quickly in a temporary hearing. It's smart to think about the financial implications, but I would do whatever you need to feel healthy and safe first..

Hugs..

Sad in AZ posted 6/14/2013 08:55 AM

I lived in AZ and left the house to move to another city. It did not cause any problems. You can check this on line, but if you're uncomfortable, call an attorney.

roughroadahead posted 6/14/2013 10:46 AM

In my state, "abandonment" requires a year (I think, offhand) of willful absence. It gets thrown around a lot, but there's rarely anything to it. I don't think I would advise anyone to leave without their kids (asuming they want primary residence later), especially in a DV/safety situation. However, "abandoning" the house just doesn't happen because you left.

TXBW68 posted 6/14/2013 14:19 PM

Be careful if YOU are the one to move and sign a lease. My H was such an idiot, he left the lease where I could find it - so I made a copy for my files.

My lawyer said that I had my H on abandonment because he signed a year lease on an apartment. TX just requires the intent to be gone for 1 year.

I know it's hard to continue living with him but please check with a lawyer before you do anything that may/may not hurt you later.

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