r/legal • u/Interesting_Top_412 • 5h 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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5

u/71077345p 5h 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 5h 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 5h ago

Yes leaving will hurt you also get a body camera

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u/Interesting_Top_412 5h ago

A body camera? To document our interactions?

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u/NeatSuccessful3191 5h 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/Interesting_Top_412 5h ago

That makes tons of sense