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Jerrisch

Junior Member
Virginia is my state.
Hi, my question is if I leave before seeing a lawyer & getting a property settlement would I lose anthing? Can he get me for desertion & cause me to lose property wise? It is hard to live under the same roof with someone u are not getting along with. Everything we have was obtained during our marriage. Also he rolled over the money in our joint checking account to an account with only his name on it. He would still have to give me half of that right? Thanks for your assistance!!:)
 


Ohiogal

Queen Bee
Jerrisch said:
Virginia is my state.
Hi, my question is if I leave before seeing a lawyer & getting a property settlement would I lose anthing? Can he get me for desertion & cause me to lose property wise? It is hard to live under the same roof with someone u are not getting along with. Everything we have was obtained during our marriage. Also he rolled over the money in our joint checking account to an account with only his name on it. He would still have to give me half of that right? Thanks for your assistance!!:)
Marital property is marital property. However I would go to court and get a temporary order before moving. If it is so bad why haven't you filed anything?
 

JETX

Senior Member
Jerrisch said:
Hi, my question is if I leave before seeing a lawyer & getting a property settlement would I lose anthing?
Simple answer... not as long as you don't delay once you leave. If you delay too long, the courts could see it as abandoned property.

Can he get me for desertion & cause me to lose property wise?
No such thing as 'desertion'.... at least outside the military. Actually, in this era of no-fault divorce and standardized rights to child support and alimony (spousal support). Desertion is no longer a 'real' money issue though it could influence a court in determining visitation, custody and other post-marital issues.

Also he rolled over the money in our joint checking account to an account with only his name on it. He would still have to give me half of that right?
Not necessarily. Would be entirely up to the courts to decide the source of the funds, etc.
 

LdiJ

Senior Member
Jerrisch said:
Virginia is my state.
Hi, my question is if I leave before seeing a lawyer & getting a property settlement would I lose anthing? Can he get me for desertion & cause me to lose property wise? It is hard to live under the same roof with someone u are not getting along with. Everything we have was obtained during our marriage. Also he rolled over the money in our joint checking account to an account with only his name on it. He would still have to give me half of that right? Thanks for your assistance!!:)
No, moving out would not effect the property settlement.
 

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