Abandoned and keeping the marital house

Hi, my wife if 21 years has abandoned me back in September to date and live with a young lady. I never asked her to move out she did on her own. So my question is she wants half of the house if I was to sell it or buy her half out. Also she makes more money than me. So I’m not sure how to handle this.

For the division of marital property, marital fault is generally not considered, and the marital estate is still divided equitably (usually equally). Her request for the house is reasonable assuming the house was acquired during the marriage. But you would need to balance the value of the home with the value of all the other marital property as well.

Marital property is property acquired during the marriage with marital funds but not inheritances.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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