I moved out of my house after a domestic violence incident in May. I saw an attorney prior to moving out and she filed whatever it was that protected me from being perceived as abandoning my home.
My husband remained in the house and we put it on the market. The house sold but the deal fell through at the last minute this week. Last week, my husband moved out of the house. There were no agreements signed about that. Our agreement had been that he was to pay mortgage/HEL during the time the house was on the market. On Tuesday, he sent my lawyer an email stating that he wanted to clarify that he would no longer pay the mortgage/HEL on our home. He had already defaulted on last month’s payment of HEL.
The day after that email my lawyer had me pay the mortgage and HEL. She also had me change the locks on the house. The house was mine when we married 5 years ago and he was never on the deed. We did do an addition on the home while we were married which was where the HEL came from. She has also advised me to move back in the house which I am going to do on Sunday.
Does my husband moving out and then putting in writing to my lawyer that he was not going to pay mortgage/HEL constitue abandoning the home? What rights does he have now on the property?