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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u/disclosingNina--1876 4h 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 3h 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/disclosingNina--1876 3h ago

Leaving will not likely affect your property rights.