Spouse moving out -- custody and matrimonial assets?

[hubby]

Well, the spouse is gung ho on moving out of out current matrimonial home within the next few months and we still do not have a seperation agreement in place. We've discussed off and on ... but nothing concreate.

Without a seperation agreement to dicuss custody, access and division of assets -- what can potentially happend if she finds another residence and moves with the kids and matrimonital assets?

It's EARLY in the morning, there must be some reason for concern if I've been led to ask this question!

Thanks everyone, for ALL your help.

Hubby

[CatvsLion]

Potentially if she wants control she'll have it if she moves out with the kids unless you are against it and adress it with the courts right away.

That's basically what happen in my situation - I stayed in the house until she moved out and then defacto custody was with her because I was hopeful that an agreement was almost done. Then after she moved out she wanted sole custody, no overnights, etc etc etc and it's on me to goto the courts and have things changed.

Get something in writing before she goes - depending on what it upto you - but I would get your access at the very least - if you allow her to leave with the kids you're basically giving her defacto sole custody.

Just my opinion

g/l

[Grace]

Hubby,

Why is your ex not discussing the separation agreement? This would send up a red flag for me. I agree with CatvsLion. Try and get something in writing before she leaves, at least addressing custody/access.