My husband and I are separating. We've been married 8 years and jointly own our home. If I'm the one to move out first (to an apartment I'm renting on my own), will I be negating any of my share is our house? His preference is that I stay until the house is sold. We are using a mediator, not separate attorneys and I'd love some feed back.
2007-09-12 07:10:11 · 3 answers · asked by Me A 1 in Politics & Government ➔ Law & Ethics
Unless you sign something you do not loose any rights by separating. You should discuss this with the mediator to ensure there are no questions later. However the house is still half yours.
2007-09-12 07:15:32 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
No. marital property does not alter its status except by deed or assignment.
If you are going to a mediator make sure you have a legal separation agreement and stipulate that the marital residence (mortgage and bills associated therewith) are to be paid by him as rent and general upkeep without diminishing your share of the property rights inherent in the community property.
ADDED FOR CLARITY:
The first sentence should add "CONVERSION"
2007-09-12 07:14:43 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
You can't transfer ownership just by moving out.
2007-09-12 07:15:32 · answer #3 · answered by Anon28 4 · 0⤊ 0⤋