Home abandonment laws in Riverside, CA generally refer to properties that are left vacant or not properly maintained. However, when applied to instances of family home abandonment, the term takes on a very specific and more heartfelt meaning. When we refer to family home abandonment, we are specifically talking about instances where one of the spouses abandons the marital home and family without permission or intent to return.
This kind of abandonment is a very personal issue. California is a “no-fault” divorce state, but deserting a spouse with no contact or accountability has significant consequences in family law. It may also set in motion financial destitution, altered negotiations for custody, and, in some cases, forfeiture of property.
The act of a spouse moving out of the family residence alone does not amount to leaving the home permanently in California. Abandonment is not the same as separation. Instead, abandonment is an expressed or assumed complete leaving without intention of returning or fulfilling marital or parental duties.
For example, when one spouse moves out, but continues to make mortgage payments and has been discussing a potential divorce with the other spouse, the court is not likely to consider the spouse to have abandoned the home. However, if the mortgage payments cease, the spouse no longer returns the phone calls or shows up for court hearings, the actions may rise to the level of abandonment of the home for family law purposes.
While California is a no-fault state when it comes to divorce, intentional abandonment can influence the outcomes of a divorce in terms of property division, spousal support, child support, and child custody. For example, the court may see the abandonment as forfeiting marital assets.
There are several state laws that can be applied to home abandonment cases. These are meant to protect the abandoned spouse and their children. Some of these laws include:
While specific numbers regarding family home abandonment are scarce due to the nature of the circumstances, other statistics can shine light on the need for a family law attorney in these types of matters. Consider the following statistics:
The number of single-parent households, as well as the divorce rate, has generally increased in comparison to previous generations. This points to an increase in possible family home abandonment occurrences.
California courts work toward an equitable resolution to the situation so the spouse who abandons their partner may lose an equitable share of the property division settlement or be ordered to provide spousal support to alleviate financial hardship that results from the abandonment.
Custody can also be influenced by an abandonment of a family home and children. Family courts generally place emphasis on the safety of the children involved and the emotional stability of the family. If one parent abandons the home without any immediate intention to keep in contact with the children or participate in any parental duties, the courts may award sole custody to the custodial parent and can terminate the rights of the parent who left the family.
Complex family law issues can arise and affect your legal rights. An experienced Riverside home abandonment attorney can help you understand your rights and guide you through the process. We are familiar with the procedures at the Riverside Family Law Courthouse and can help you efficiently manage your case with the greatest possible outcome for you in mind.
A home is legally abandoned in California when one of the spouses leaves the family home without good reason or intent to return, and without the consent of the other spouse. Legal abandonment extends beyond just physical departure from the family residence to cover stopping financial support for the home and intentionally relinquishing marital responsibilities. It can affect many aspects of a divorce case, including spousal support and property division.
California regards personal property as abandoned when the owner leaves it behind deliberately without intending to pick it up, following a statutory abandonment notice. In the case of residential tenancies, the landlord must comply with prescribed notice requirements, usually within 18 days of mailing a notice of belief of abandonment, before disposing of the property. Commercial property is subject to similar notice periods within state statutes.
When someone abandons their house, they leave the property without any maintenance, payment, or intention of coming back. In family law, this may refer to the desertion of a marital home and responsibilities, done without the consent of the other spouse and without legal justification, such as leaving for one’s own safety in domestic abuse situations.
In California, parental abandonment generally means a parent has left a child without support or communication for a minimum of six months. Courts may apply a reduced time frame for parent absence in parental rights termination cases when the absence shows willful, harmful behavior toward the child. Parental efforts to care for or contact a child may be considered by the court prior to a finding of abandonment.
If your spouse has abandoned your home, hire a family lawyer to protect your assets, rights, and child’s best interests. Contact us today to get started.
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