Can I move out & wait for divorce finale?

[Sendosha]

I am married to an emotionally abusvie man. I have had it and I want to move out. My lawyer has advised me not to because the lawyer says if I move out he may destroy the house. Yes, he like to punch holes in the walls and break doors, etc. I cannot live like this anymore.

I know in many divorces the husband moves out of the home. I want to move out of my home. My name is on the deed/title to our home and the house is paid for, no mortgage.

Can I move out? I want to rent an apartment somewhere until we go to court to finalize the divorce. Then the court can distribute as they see fit. My husband says if I move out he will get full ownership of the house because I abandoned the property.

[Sendosha]

I just want to say that we are in New York.

I know alot of people are going to say to try to get him out but I know he will keep coming around and harrassing me, stalking me and/or destroying the house anyway, like breaking windows, etc. So getting him evicted will not solve anything and he will refuse to leave anyway. He is NOT a reasonable person.

[FRContributor]

Originally Posted by Sendosha I am married to an emotionally abusvie man. I have had it and I want to move out. My lawyer has advised me not to because the lawyer says if I move out he may destroy the house. Yes, he like to punch holes in the walls and break doors, etc. I cannot live like this anymore. I know in many divorces the husband moves out of the home. I want to move out of my home. My name is on the deed/title to our home and the house is paid for, no mortgage. Can I move out? I want to rent an apartment somewhere until we go to court to finalize the divorce. Then the court can distribute as they see fit. My husband says if I move out he will get full ownership of the house because I abandoned the property.

Hello Sendosha...I can imagine the situation you must be going through...typically, an experienced and knowledegable New York divorce attorney will give you the best advice possible...it is important that you do what is best for you, your safety and continue to express your thoughts to your attorney to advise you..

[tbyte]

Moving out in no way abandons your rights to the house.
Seems to me he would be less likely to trash the place if you were NOT in the home, where tension between the two of you must be high.
I'd ignore your lawyer on this one, see to your own safety firsts, and move out.