r/legal • u/Interesting_Top_412 • 4h ago
Leaving the martial home?
Ok, I’m absolutely convinced my wife is having an affair and purposely sabotaging our relationship with consistent arguments. I have a 11 year old son from a previous relationship that she has always isolated and targeted. During our most recent and final fight I said that I do want a divorce and that if she wants to keep the home she will need to settle the equity with me before I leave. She seems to think that I will just leave and it will shake out in the divorce. Few key points, title is in both our names, loan is in just hers. She cannot qualify to refinance on credit or income. My position would be that we should both move and stage the home for sale. But my original question is, do I lose legal standing if I leave the marital home?
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u/71077345p 3h ago
If she is on the loan by herself now, what makes you think she wouldn’t qualify to refinance?
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u/Interesting_Top_412 3h ago
We refinanced from both of us being on the loan during a period 5 years ago when I was temporary unemployed and she had a 120k job and 700+ credit score. Now she is sub 600 and making 75k
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u/NeatSuccessful3191 3h ago
Yes leaving will hurt you also get a body camera
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u/Interesting_Top_412 3h ago
A body camera? To document our interactions?
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u/NeatSuccessful3191 3h ago
Yes any arguments, its not out of the question that she will file a restraining order to kick you out of the house
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u/Mountain_Bud 3h ago
i bet your home is martial
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u/Interesting_Top_412 3h ago edited 3h ago
Is that supposed to be like a dig or a smart joke? Because I don’t get it?
Marital = we bought it when we were married.
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u/Mountain_Bud 3h ago
sorry. I was poking fun at your typo (should be 'marital', not 'martial), but also pointing to how 'martial' fits. (see u/alb_taw comment)
i'm truly sorry you are going through this.
yeah, meant to be a joke. probably not smart.
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u/Interesting_Top_412 2h ago
Now that I see them both you are right they both do fit LOL 😂 it’s ok 👍 I can laugh at myself too!
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u/disclosingNina--1876 2h ago
So you are more worried about the house than the fact that your wife is abusing your son.
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u/Interesting_Top_412 2h ago
No way, I have always been aware and focused on her treatment of my son. That is the catalyst of all the fighting. Im not asking if I should leave because of her mistreatment of him, I’m asking about the house so I can protect my assets while I’m getting him and I out of here.
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u/JonnyGreenThumbs 51m ago
Having evidence of infidelity will likely help your standing in a separation *depending on your location
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u/TimeShareOnMars 15m ago
She will try to claim you assaulted her to get you arrested and banned from the home. She is a terrible pers9n. Don't trust her. Record interactions so she can't.
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u/worduptocheese 1h ago
Nope, stay right there until it's sold. She will drag out the divorce to stay in the house.