What are my husbands rights to our home & his property which he abandoned 3 months ago?

If you file a Petition for Dissolution of Marriage you can also request exclusive use and possession of the marital home. Until you have obtained an order giving you exclusive use of the home, either as part of a divorce or as part of an injunction, you can not change the locks or remove his possessions from the home.

If you file a petition for dissolution you can ask for exclusive use and possession of the house. Since you are already live there and he has moved out, the court most likely will grant that. If the house was purchased during the marriage it is a marital asset. This means that you are entitled to your share. It does not matter whether your name is on the deed or not. I would not remove his items at this time. The best thing for you to do, if you want closure, is to file a petition for dissolution. The court will equitably distribute all of the assets, unless you two can come to an amicable agreement. Considering the length of your marriage, you may be entitled to permanent alimony. Good Luck

Email You should consult an attorney about your rights in a dissolution of marriage. You should be entitled to alimony if your incomes are not close to equal. In addition, if you total the value of everything the two of you have acquired over the last 36 years, to include all investments and retirement accounts, and then subtract all of the debt the two of you have, the result is the net marital equity and you are entitled to a combination of debts and assets that give you one half that value. If your income is substantially lower than his, your attorney can ask the court to require him to assist you with your fees and costs during the dissolution proceedings. It will be a serious mistake not to consult in person with a local family lawyer. Thomas R. Peppler, Esq. Hochman and Peppler, LLC *

If the house was purchased during the marriage, technically, you can change the locks, but this is not recommended because it becomes a kids' game. That is, he comes and changes the lock again. Then, you change the locks again...and so on and so forth. You cannot remove his stuff, but should put it in boxes and keep them. Do not sell them or dispose of them, since the judges look at that badly in a divorce. Your options are to file a divorce case and ask during the case that the judge give you the temporary use and possession of the home through a request called a "Motion for Temporary Relief". Please do not attempt, if it is possible, to do this on your own or through a paralegal. Try to sit with any of the competent attorneys you see here on , or otherwise, for additional in person consultation and to get an idea about fees and costs to process your case. Alejandro R. Lopez, Esq. Law Office of Alejandro R. Lopez, P.A. 4465 Edgewater Dr., Suite A Orlando, Fla. 32804 Ph.: (407) 649-1404 E-mail: [email protected]

What the prior answers have mentioned is correct. In situations like yours however, most women are afraid to file for divorce because they do not have the financial means to properly hire an attorney to pursue their interests. Not all attorneys will take a token retainer and pursue their fees through FL Statute 61.16, but some will. I suggest you speak with just such an attorney before you make any decisions. If you'd like I can offer a free one-hour consultation, to discuss your options, at my Downtown Orlando office during the day or at a coffee shop near you in the evening to discuss your matter in depth.