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[quote=Anonymous]11:15 here. I did leave the marital home because he would not. The kids came with me, no arguement from here on that. He filed for divorce on a desertion ground, but that basically hasn't given him a leg up in the proceedings. Desertion is hard to prove and my stance is that it was constructive desertion - meaning he made life so miserable in the home that I was forced to leave. He wanted to preserve jurisdiction so he raced to the courthouse to file before I could file in another county.

In MD you could be awarded use and possession of the marital home for up to three years and he could be ordered to pay all of the expenses since you are a SAHM. I think my H wanted to avoid that at all costs. Even if you move out you could still get use and possession later, but it all depends on the judge. Nothing is a slam dunk in family law.

If you choose not to ask for use of the marital home, you are still entitled to your ownership percentage. He would have to buy you out or the judge could order the home sold and the proceeds (if any) would be split according to the property settlement. My H tried to make me believe that I would get zero because the home is solely titled to him - wrong!

Things have worked well for me considering. I have had to miss some credit payments when he was paying only $3k, but I am trying to catch up now. My credit was excellent before so I'm hoping it hasn't been impacted too much. Last thing, a mortgage lender told me that I can use my divorce decree to buy another house (I already own one from prior to the marriage). He said as long as the stated amount for alimony and child support is good for at least two years it counts as income. Good luck![/quote]

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