Marital home


#1

My wife left me and moved out of our home. I was told by an attorney that I should leave the home before the divorce. Or I would be stuck with the house. The house is in both our names.


#2

Simply because the other spouse left, you won’t be stuck with the house, so to speak. You can file an action for equitable distribution and, if neither party wants the house, the court can order that the parties sell the home and split proceeds. There is no law stating that whoever remains in the marital home must keep that house and maintain the financial obligations.