Separating in Florida: Would you advise leaving the home or not?
This is a discussion on Separating in Florida: Would you advise leaving the home or not? within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; When going through the separation phase, can you leave the house without it being considered abandonment? Would you advise leaving ...
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#1 |
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When going through the separation phase, can you leave the house without it being considered abandonment? Would you advise leaving the home or advise against it? I am considering spending the holidays with family out of town and do not know if that will be used against me by my husband.
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#2 |
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Top Level Member
Join Date: Dec 2009
Posts: 12,915
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I wish to inform you that when the person leaves for holiday then the possession of house is not lost. Going out on holiday is a temporary stay out of home and this does not terminate possession. You have actual possession when you are living in home and constructive when a person cannot have physical possession. Therefore while you are on holiday possession of your house will be with you. If you move out of house with the intention of not returning back then your possession is lost and it can be said that you have abondoned house.
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#3 |
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Senior Member
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Typically, abandonment refers only to an absence from the marital home for more than a year with no reason. Visiting family for the holidays will likely not be considered abandonment.
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#4 |
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Junior Member
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Join Date: Dec 2010
Posts: 1
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Before abandoning a house, you must consider the investment that you have put into it. If you are going through a legal separation phase so does your assets.
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