My husband has moved out of our home. Prior to moving out he rented a house that I didn’t know about and is now living there. Is he still entitled to half of the equity in our home? Or has he given up any rights since he is living on his on at another residence? He is on the deed and the mortgage. I alone will be continuing to make the mortgage payment on our marital home. I haven’t prepared a separation agreement because this all has happened so fast. Thank you.
Yes, he is still entitled to 1/2 the equity of the home. He hasn’t lost that interest because he moved out. The only practical rights to the house he’s given up is that he can no longer enter the property without your permission. You can have the locks changed and charge him with domestic criminal trepass if he tries to enter without your consent. I would suggest you work on creating a Separation Agreement as soon as possible to spell out how you will settle your property in Equitable Distribution, and to take care of any custody and support issues as well.