Elder Law

[SarahBrown]

My question involves a person located in the state of: riverside, ca

Getting a divorce. We have both guardianship of our 15 years grandson.We agreed 50/50
but i need to leave the home because of his mental abuse.
Although I will try to find a little room meanwhile to rent I will still be in contact with my grandson and his
school work assignments . Spending quality time with him. My question will it be considered abandonment?
I am not abandoning him but I have to leave the home because of mental abuse from my husband.
I can not take my 15 year old with me because quite honest don't have the fiances maybe if im lucky just a little room.
And my grandson doesn't want to be moving around. Thank you for your help

[adjusterjack]

Was this a court ordered guardianship or just an informal arrangement. Either way it's not legally an "abandonment." Besides, at 15 years old, the boy is probably well aware of the problems that you and your husband are having.

After 15 years there's a lot of equity in the home that you'll get cash for or he'll have to sell it and split the proceeds with you. Are you working or retired? If you have been a homemaker for any length of time, you could be entitled to spousal support.

You would be wise to have an attorney.

[Mercy&Grace]

You may or may not qualify for retirement benefits off of your record and/or your husbands. There are also retirement benefits off of your spouses record if you were married for at least 10 years, are divorced and you and he meet other requirements. (Please read the links below) If you take retirement before you reach Full Retirement age. Your benefits will be reduced for the rest of your life. Taking Early Retirement will Not make you eligible for Medicare before you turn 65.

https://www.ssa.gov/benefits/retirem...lying7.html#h4

https://www.ssa.gov/OACT/quickcalc/earlyretire.html

[pg1067]

Despite the subject header, your post appears to have nothing at all to do with elder law.

Getting a divorce. We have both guardianship of our 15 years grandson.We agreed 50/50

I'm not sure what you mean by "50/50" in this context, but you probably will need to make the court that ordered the guardianship aware of the divorce and get the judge to bless your "50/50" arrangement.

My question will it be considered abandonment?

I'm not entirely sure what "this" refers to, but no reasonable person would consider anything described in your post to be "abandonment."

I have to leave the home

In almost every divorce, the spouses stop living together. It would be beyond absurd for that to be regarded as abandonment.

After 15 years there's a lot of equity in the home that you'll get cash for or he'll have to sell it and split the proceeds with you.

Huh? What does the child's age have to do with the possible equity in the home where the OP and her husband reside, which they may or may not own? There's nothing in the original post to indicate that the OP and her husband own their home or, if they do, how long they have owned it.

[adjusterjack]

Huh? What does the child's age have to do with the possible equity in the home where the OP and her husband reside, which they may or may not own? There's nothing in the original post to indicate that the OP and her husband own their home or, if they do, how long they have owned it.

Brain fart. I think I thought that they owned a home for 15 years.