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Name: viv0910 New Member   Title: Do I lose my house if I move out?

Hi,
My husband has been having an affair for some time now. I haven't actually caught him in the act but I've discovered several tell-tales and am moving out tomorrow. Of course he denies it. Not only that but he's been playing with my head telling everyone I'm imagining it and that I'm crazy. For a while I was thinking I was crazy too. I think thats the sadest part. I've accepted that he has someone else and am moving on but still can't understand why he would want to hurt me too.

Last week he picked a fight with me and said it would be so easy to ring my neck. The only reason I've stayed for the past two weeks after I was convinced is because I was waiting for some money to move but tomorrow is the big day and I am so anxious to start my new life.

I am planning to see an attorney to file for divorce. Can I request to be taken off the mortgage since I will not be living in the house but be kept on the Deed? If he defaults I don't want it to ruin my credit but if he sells the house I want to be entitled to $$. Collectively we put in a $125,000 downpayment.

However, I've heard if you move out you lose the house. Is this true? I'm in Florida.

Name: lcolette New Member

Yes if you want to have your rights to stay inside house Stay otherwise you WILL lose everything

Name: Maria Atkinson RCS-D New Member

I am in California, It is an asset if the values have held.. Do not go just by an appraisal or CMA to determine the value. There is much more to it than that. If the home cannot be refinanced due to reduction in value you may have to sale it in a short sale. Divorce is a HUD approved hardship. It is never wise to stay on a loan that a spouse is responsible to pay. However if it is not possible to refinance you off the mortgage and you do not want to short sale it there may be paperwork a professional can create showing you are not responsible for the mortgage. I would not give up/trade any asset, i.e. retirement, stocks. They all have different tax consequences. You not only need to speak with an attorney/mediator you need a tax professional and a Realtor as well. Best Wishes.

Name: madalex Member

You do not lose the house simply because you move out. It is an asset of the marital estate which will be divided between you in the property settlement. You cannot get off the mortgage simply by moving out. That will require a refinancing of the existing mortgage. Again, this will need to be addressed in your divorce property settlement.