Abandonment?


#1

As explained in a previous post, I moved out of my home for what I thought would be for a six month period of time to live in a recovery home, then my plan was to move back into the house I share with my husband.

We purchased this home before we were even married, and it is in his name, and my maiden name, but he is the only one with an income, and the only one who makes payments on it. We (or at least I) had no plans to, or verbal conversations about, ending our relationship. I found out that he has been secretly plotting our divorce for months while playing the happy husband and successfully keeping me in the dark. (He loves the saying "to be forwarned is to be forarmed).

About three months into my stay, I went to my house to pick up some things I needed. His sister let herself into my home, saw that I was there, called my husband who told her to call the sheriff’s department and have me arrested for trespassing! That was my first blindside. (I wasn’t arrested, because the officer determined that I had every right to be there since no papers were filled saying I couldn’t, but I was forced to leave).

Then about four months into my stay, I got served with ED papers. My husband blindsided me again with the decision to file papers with no discussion, and used the fact that I was not living in the house to give him free reign to pack my belongings, hire a lawyer, stop any financial support, etc. He basically kicked me out of the house without having to physically kick me out of the house. I feel like I have been abandoned even though I am the one no longer living in the home. It feels like reverse abandonment or something.

Is this a case of abandonment?

What rights do I have to come and go in my own home now that ED papers have been served? We havn’t been to court yet.

Thanks
Lynne


#2

You could argue that he has ended cohabitation without your consent, and such a claim may bolster your claim for spousal support.
Technically you did not move out of the home with the intention of residing elsewhere, so you have not lost your rights to the home.