Reply to How to decide who leaves home with kids?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Where are you located? My brother lives in Virginia, and came back from a business trip to discover his wife had left with the kids. There were no abuse allegations, but I do think my brother had been fooling around and she found out and was so mad she left. He was completely taken by surprise.

So the court found that by leaving the house, in Virginia, his ex had waived her rights to claim the home. Was crazy. And taking the kids was another big no-no apparently.

His case is different than OP, because no abuse was alleged. My brother ended up with the house and physical custody. They actually co-parent really well today. But the lesson was that in some states, leaving the home and just moving out may penalize you when it comes to dividing assets. This may be why OP's husband won't leave.

Talk to a lawyer in your state! Don't rely on us on DCUM to know.[/quote]

I'm in VA and have never been cautioned against leaving the house or taking the kids, and I've spoken with lawyers.[/quote]

I am in VA. I divorced an attorney. Every attorney I consulted with said DO NOT leave the house or take the kids without a signed agreement. You are wrong.[/quote]

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