Originally Posted by IOPbaby
That depends on each individual state (abandonment) and I don't believe with a legal separation they would consider it that (as separated couples do not normally live together). Besides, if both names are on the mortgage, legally they each own 1/2 of it. Usually, one party buys out the other or the judge orders it sold with the proceeds split (and this can happen even if she isn't on the mortgage depending on the state).
I haven't gone through all the replies yet but yes, abandonment is a claim only before
a legal seperation...once filed, either can legitimately move out without being accused of desertion - as long as all responsibilities are met.
However, by him
leaving the primary residence, he opens himself up to property destruction by her hand. If she's a bit unhinged at times, she might do something intentionally stupid. No?
Can he afford to make the house payments and pay rent and whatever support toward her (if applicable) and the children if not moving out with him...it gets complicated and expensive.
I would hate to be in his position. Knowing nothing of the events that lead up to this, am answering cold.