Do I have to move out of house if wife wants separation?

My wife and I have been married for 7 1/2 years. Our house is in her name only
because she owned it before we met and never changed the deed. Now she wants a
separation and I do not…she had an affair. Do I have any rights to stay in the
house?

Asked on October 13, 2017 under Family Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can stay in the house unless thereis a legal separation agreement or final decree of divorce which states who has the right to exclusive possession of the house. Until then it remains the "joint marital residedence"; this is true no matter whose name that the deed is in.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can stay in the house unless thereis a legal separation agreement or final decree of divorce which states who has the right to exclusive possession of the house. Until then it remains the "joint marital residedence"; this is true no matter whose name that the deed is in.


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