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    dyee's Avatar
    dyee Posts: 2, Reputation: 1
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    #1

    Jun 15, 2009, 07:36 PM
    How do I effect a separation without being charged with abandonment?
    I would like to separate from my husband who refuses to leave the family home even though he can't afford the mortgage payments. I am considering moving out anyway and renting. I don't want to be charged with abandonment or have to let my home go to foreclosure. Any suggestions? Thanks, any help is appreciated.
    dyee's Avatar
    dyee Posts: 2, Reputation: 1
    New Member
    		  
    #2

    Jun 16, 2009, 03:19 AM
    How do I get my husband to leave the family home?
    I would like to separate from my husband, but he won't move from the family home even though I have repeatedly asked him to and he is not able to pay the mortgage. If I left with the teenage children and rented elsewhere we would have to lose our home and equity. I am willing to buy him out either now or later when the market improves. He just is unwilling to leave and I want to see if I can work out anything with the lender. Is it possible to split the loan and just pay my portion? Any ideas?
    Thanks
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #3

    Jun 16, 2009, 03:33 AM

    Its not possible to split the loan.

    Your best bet would be to file for divorce and in the divorce, stipulate that he needs to leave.

    Unfortunately, there is very little you can do right now to force him to leave. Until the divorce is settled, it is his house too.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #4

    Jun 16, 2009, 03:36 AM

    You cannot be charged with abandonment for leaving a spouse except in very rare cases. You are responsible for the mortgage too, assuming it is in your name, at least as a co mortgage holder. This is something that is going to have to be worked out with your lawyer.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 16, 2009, 06:37 AM

    I've merged your two threads since they deal with the same issue.

    As Steve said, you need to file for divorce or, at least a legal separation. By doing so, you can get a court order to remove him from the home.

    I would strongly suggest consulting with a divorce attorney.
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