Divorce Solutions

Question #261

Hello! My husband and I have been married for 4 1/2 years. For the most part, things were good with a flare-up every six months. My husband’s flare-ups have been occurring regularly now, and he rips me apart verbally. He will then ignore me for days until he is ready to speak again. I love him but cannot continue to feel uncomfortable in our home. The home we share was left to him when his father passed. He claims he added me to the deed, but I have never seen it. If I move out because of his verbal assaults, would this be considered abandonment? After moving, can I then contact a lawyer to start divorce proceedings? Also, if I leave first, would I lose any entitlement to money? Thank you!

Check with your local land recording office to see exactly how the property is held. You can check by your name and your husband’s name or by lot and block number. If you move out w/o an agreement in writing, you would be abandoning the marital home.

Do not leave the house until you have settled the ownership issue and have an agreement in place regarding the division of your marital property And the divorce. Of course, if there is physical abuse involved, you should leave and deal with the problems of ownership later.

If you are living in the NYC metro area, please contact me to discuss mediating your divorce.

Leonard M. Weiner, Esq/Divorce Solutions