Divorce & Annulment

questions & answers

Question: If I move out of the house (after 50 years of marriage) this will not be considered 'abandonment' or 'possession is 9/10th of the law' as my husband tells me will it once I file for divorce?

Answer: No, that is completely untrue. Possession is not "9/10" of the law, or any other fraction of the law for that matter! If the two of you purchased the home as a married couple, then it constitutes a community (i.e. marital) asset and belongs to both of you - unless you signed a deed in the past that conveyed the residence to him as separate property. (Even then, the marital community might still have a financial interest in the home depending on what money was used to pay the mortgage or improve the residence. This is because both your income and his income belonged to the two of you as a married couple, no matter whose "name" appeared on the check.) Anyway, the simple act of moving into a different dwelling does not magically transfer ownership of your marital home to your husband. Assuming you intend to consider legal separation or divorce, you may want to consult with a family law attorney right away so you can take the steps necessary to preserve your financial interest in the home (not to mention retirement accounts, stocks, bonds, checking accounts, savings accounts, etc.).