Originally posted by Allie
Everyone advises me -not- to move out of the house (which we are buying) before filing for a divorce, that leaving the house defaults what entitlements I may have. What if I leave the house in the middle of an arguement and move in with my parents? Btw, he is not aware that I have the courage to do this.
The answers are true and false what you are getting. First, you can’t file for divorce until you have been separated for one year. But the question about the house gets tricky. Basically everything you earn or lose after the date of separation is separate. Where the money comes from to complete the purchase of the house determines your entitlement to any interest you may have in the house.
It’s very difficult to give you precise legal advice without knowing the precise details of the situation. Several other factors can enter the equation creating an opportunity to give possession of the house to you even. At this stage of the game you really ought to consult an attorney. It would be well worth the time and money. Good luck, Bert
Richard “Bert” Diener
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1535 direct voice
919.787.6668 main voice
919.787.6361 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.