I have been separated for 7 months and have moved out of state. STBX was living in the marital home in which I held the mortgage, and he is on the deed. We verbally had an agreement that he would pay half the mortgage and the utility bills and I would pay the other half. I just found out yesterday that the girl I accused him of having an affair with before our separation, and some of her family were living in the house. No one was paying the mortgage. He has since moved out of the house about a month ago, with her, and have heard from coworkers that they celebrated their 1 year anniversary in October.
Questions: Has he given up his rights to the home since moving? Can I collect what ever is left in the house since he abandoned it? He is also driving a car with my permission that is in my name, but has since started letting his “girlfriend” drive. Can I take that back as well?
Thanks for your help.
If your ex is no longer in possession of the residence you may return and collect whatever items of marital property you wish. While the car is in your name it is still marital property if it was purchased during the marriage and you must go through the proper channels (court or an agreement) to get the car back.