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Husband asked for separation, refuses to leave the house

Anonymous Asked:

My husband has asked for a separation / divorce. He refuses to leave the house. Financially he knows i cant and we have 2 children. If i leave with kids does or will this affect the final outcome. Should i just sit tight and not leave.

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Jennifer M. Long, B.A. J.D.
7 years ago

Both you and your husband have a right to remain in the matrimonial home until the terms of your separation and divorce are resolved. If your intention is to remain in the home for the long-term (ie. you wish to buy out your husband’s interest in the home), then I would recommend that you remain in the home, unless there is a threat to your safety or the safety of the children. Another consideration to keep in mind is that if the home is jointly owned and you were to leave, you ​may still be responsible for 50% of the household expenses if you are to share in any post-separation increase in equity in the home. I strongly advise that you speak with a lawyer about your situation in greater detail and how to move this matter forward.

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