What happens if I am selling my house and going through a divorce?

My wife and I have been separated for 2 years but still live there. I pay all the bills, mortgage, etc. Once the divorce is final in 3 months, does she have to leave as I am the one paying for all?

Asked on December 7, 2015 under Family Law, New Jersey


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

Answered 5 years ago | Contributor

You need to make sure that your divorce decree addresses who has the exclusive use and possession rights to your home. Also, until your divorce is final, there is a formal separation agreement or there is a court order otherwise, it is still considered to be the marital residence which means that both of you have occupancy rights.

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