My husband has become very verbally abusive and threating he has slapped my wrist hard enough to leave a red mark, then denied he did it Can I leave the home without it being considered desertion? If I do leave will I still be entitled to half the community property? I am 71 my husband is 86.
1 Answer from Attorneys
Yes, you can leave the home without affecting your interest in the community property. It sounds to me like you should consult with an attorney and explore the possibility that you should seek appointment as guardian and conservator of your husband, that would give you control over how and where he lives and over his interest in your community property. If he has diminished capacity, and is a threat to himself and others, then he should be treated accordingly and you should be able to feel safe and secure.
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