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Abandonment of the Marital Home- is such a recognized theory in a divorce case in Florida?

I am often asked when I consult and meet with people regarding a dissolution of marriage if he/she leaves the marital home are they abandoning the home or property, and as a result, will he/she lose their interest in the home? This is followed by the statement that their friend, family, and/or their spouse have indicated this to him/her. While there are laws under property and family law in many states that address this theory, Florida is not one of those states. In a divorce case in the state of Florida, which Florida is a no-fault/no-grounds state, if one spouse moves out of the marital home, that spouse is not considered to have abandoned the property or home, and therefore he/she does not lose their equitable or legal interest in the home by moving out before or during the pendency of a dissolution of marriage case. There are reasons why one spouse may find it necessary to remove himself or herself from the marital home, and the law in Florida does not consider such to be a basis to disallow one’s interest in the property. There may still be financial obligations to the home as a joint title holder to the property, but such issues can be addressed by the family court during the pendency of the case.

If you have questions regarding your rights as it relates to any issues involving a dissolution of marriage, please contact us at 386-257-1222 to schedule a consultation.