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Reged: 06/07/06
Posts: 1
The rights of the abandoned Spouse
      #115801 - 06/07/06 11:50 AM

The rights of the abandoned Spouse

My wife abandoned the marital residence. After she left I started divorce proceeding 3 or 4 months later. She took everything she needed at the time of departure. She even went as far as telling me that she wasnít buying furniture for her new apartment if she was thinking of coming back.

I was under the assumptions that if a spouse abandons the marital residence they also abandon everything and anything that they left behind. If they didnít take it at the time they left the home then they didnít want it.

My question is as follows: Can the spouse that abandoned the marital residence make claim or make demands for anything that they left behind. Itís been almost a whole year since she left and she didnít claim it or demand it. Is she trying to play hardball with me.

Iíve made myself comfortable in my home and now she want to take it away just because. Please help me. I donít think my attorney is really helping me in this. Guide me to where I can find an answer to protect myself. I didnít abandon the home she did.

Please help me I am desperate.

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Reged: 02/27/06
Posts: 34
Re: The rights of the abandoned Spouse [Re: Luis]
      #125722 - 07/13/06 05:57 PM

if it has been a year then she needs to prove ownership ex: (reciepts)then she can retain the items.If her name is on the home unless you have a restraining order she can come home any time until the divorce is over.
Also you need to keep record of what was purchased after she left.make sure that you have proof!
When you get to the divorce table the house and household items will be split.

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Reged: 12/13/05
Posts: 55
Loc: NJ
Re: The rights of the abandoned Spouse [Re: Luis]
      #137747 - 08/18/06 09:36 PM

I went through this last year. Chances are- in NJ with a male biased court system, she will probably regain access to the home to gather things. I did make it a point to give my ex a cut-off date to get her stuff out, but then she filed a TRO to get rid of me for a week caliming I was threatening her. If the house is in both of your names, have ser sign a "marital quit-claim deed" and get the house in your name ASAP! If the house is in your name, then I would assume she is SOL, but who knows in NJ..

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