Will getting a home or establishing property give him any rights to it once we file for divorce? 1 Answers as of May 06, 2015

I have been married for about 2 years. Three months into the marriage, I got pregnant. I left my husband for good while I was 8 months pregnant due to his alcoholism. I was forced to live with my mom with our child in July of 2014. Before we married, I had my own home but gave it up to move in with him. We have never had a joint banking nor savings account. We do not speak nor does he come and see his child. The question that I have is I am in the process of applying for child support and I am looking for a new home. We have not filed for a divorce as of yet.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
If I understand your question, in Alabama, if the property is not used for the common benefit of the marriage, it does not become part of the marital estate. SO an old family beach house that the new family gets to go use, becomes part of the "marital estate," but a house acquired during separation, that the other spouse is not allowed to use, would not in my opinion become part of the marital estate.
Answer Applies to: Alabama
Replied: 5/6/2015
Click to View More Answers: