He won't move?

You need to consult an attorney. You would not necessarily lose your rights to the marital home, but if you plan to continue living there after a divorce it’s best to be the one to remain during separation.
One of you must leave the marital home in order for the one year one day separation requirement to begin.

IMHO the one that wants to leave the marriage should be the one to leave the home…but that’s just me…

My husband has done the same thing after 24.5 years of marriage and will not leave the house. I made arrangements to leave, home loan, but he would not sign financial separation papers and effectively trapped me in the home.

This is completely and totally a power game. If you don’t have children and don’t need the home, I personally would leave. Especially in my case, he hasn’t taken care of the home and its value has decreased recently with the slump in the housing market.


Do not move out. The other posters are correct, but moving out will complicate your issues. Talk with an attorney. Explore Divorce from Bed and Board. Be civil. While he says he wants a divorce you cannot force him out, hence the 1 year separation cannot start. If he wants a divorce he needs to put his money where his mouth is and move out.

If you can tolerate the man, stay and let him cover ALL bills. DO NOT give him a dime. Buy only what you need. Trust me. He will not like it and more than likely move out. Good luck

Your first step should be a consultation with an attorney. If you are not ready to consult with an attorney, you may want to consider attending one of our free seminars.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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My husband has told me that he does not want to be with me anymore. But he has not left the house - supposedly for money reasons. So I am living here and read on the website to save my rights, not to leave the house. He has been divorved before, so I do not know the real reason.

What do I do to start the seperation time, but keep my rights if he won’t leave the house ?? He is the one who says it is over.