Legal Question in Family Law in Michigan

Wife abandons home and husband

The wife abandoned the family's home, her husband, withheld sex, threatens divorce, also has taken most of the necessary personal items, such as microwave, furnishings, vehicle. It's been five months so far that she has not returned.

The husband, still resides in the home, and wants to know is he entitled to it. He wants to purchase a condo, for himself before the divorce goes through. How would that affect him having claim to the family home she abandoned? Also, if he buys a condo, will she have rights to that as well, even though she abandoned him.

They are not divorced nor legally separated. Should he wait a specific amount of time before he purchases the condo?

Can she later come back and try to stake claim the family home they acquired together?

Asked on 1/30/06, 12:26 am

3 Answers from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC
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Re: Wife abandons home and husband

Because your wife chooses not to live with you, that does not mean she abandoned the home. As far as "withholding sex", that is not grounds for anything, because she is not required to have sex with you nor you with her. If your wife's name is on the deed, you cannot sell it without her signature and she is entitled to her share. You need to talk to her and figure out what is in each of your best interests. Maybe this would be a good time to file for divorce.

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1/30/06, 6:16 am
William Stern William Stern, P.C.
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Re: Wife abandons home and husband

It's kind of crazy that the husband is not filing for divorce, first of all. Second, he should be asking the questions and seeking his own lawyer who could answer his questions. Third, simply because the wife walked out does not mean that she is abandoning her right to her share of marital property. she gets a piece of the condo. I'm sure that she will paint a picture favorable to herself as to why she took this action. Fourth, the husband can buy a condo now but the money used to buy it will be deemed marital property and will be a factor in how the money from the sale of the present condo is divided. William S. Stern

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1/30/06, 7:00 am
Charles Kronzek Kronzek & Cronkright P.L.L.C.
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Re: Wife abandons home and husband

1. You need an experienced lawyer to advise you rather than trying to get advise on very complicated issues on the internet.

2. Making any move right now may be a very bad idea.

3. You should be filing for divorce or legal separation.

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1/30/06, 2:34 pm

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