Separation

[MuszicalOne]

What is the name of your state?What is the name of your state?Wisconsin

I am in the intial stage of filing for legal separation but have a couple of questions. The only thing that my husband and I own jointly is our home. We have individual credit cards, he uses his and I use mine and we each have separate vehicle loans. We have no children together and we have been married less than 5 years. I am wanting to move out of the house but am afraid that he could charge me with abandonment if I do. I just don't know where to start. Please advise

 

[LdiJ]

What is the name of your state?What is the name of your state?Wisconsin

I am in the intial stage of filing for legal separation but have a couple of questions. The only thing that my husband and I own jointly is our home. We have individual credit cards, he uses his and I use mine and we each have separate vehicle loans. We have no children together and we have been married less than 5 years. I am wanting to move out of the house but am afraid that he could charge me with abandonment if I do. I just don't know where to start. Please advise

If by "charging you with abandonment" you have some fear that you will lose your share of the equity in the home if you leave...that is not correct.

If by "charging you with abandonment" you have some fear of criminal reprisals that isn't accurate either.

If its neither one of those...then tell us exactly what it is that you fear.

 

[MuszicalOne]

Abandonment

What I am referring to is that somehow I be held liable for the house and be charged with leaving it and not making payments. My husband and I both signed the mortgage on this home and I am not sure if he would want to stay in it or not. He has said in the past that if I leave he will just stop making the mortgage payments as they are directly taken out of his checking account. My name is on his checking account but only so that I can deposit a check two times per month into it and then it is taken out by the bank. I just don't want him to not pay it and then something bad happens to me down the road because my name is on the mortgage. I am going to be starting my separation process soon but want to be out of the house before hand.

 

[LdiJ]

What I am referring to is that somehow I be held liable for the house and be charged with leaving it and not making payments. My husband and I both signed the mortgage on this home and I am not sure if he would want to stay in it or not. He has said in the past that if I leave he will just stop making the mortgage payments as they are directly taken out of his checking account. My name is on his checking account but only so that I can deposit a check two times per month into it and then it is taken out by the bank. I just don't want him to not pay it and then something bad happens to me down the road because my name is on the mortgage. I am going to be starting my separation process soon but want to be out of the house before hand.

You ARE responsible for making sure that the mortgage payments are made unless you want your credit destroyed. Therefore, if you don't believe that he wants to keep the house, and you don't want it either, or you believe that he will stop making the payments out of revenge, then you need to petition for a partition (to get the house sold). That needs to be done quickly.

 

[nextwife]

Or he can buy you out, utilizing a refinanced mortgage in his name alone.