If my wife and I are separated, can I ask her to move out of the house?
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If my wife and I are separated, can I ask her to move out of the house?
I purchased the house prior to getting married in my name and I am the sole provider so I’ve been paying everything. We have only been married a year as well.
Asked on August 8, 2018 under Family Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unless you have a legal separation agreement or final decree of divorce that stipulates who has the exclusive right to occupy the house, it remains the "joint marital residence". This is true no matter whose name that the deed is in. Accordingly, if you are not legally separated, you cannot ask your wife to move out at this time. That having been siad, once you are divorced the house should be yours since it was your seperate property prior to getting married.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unless you have a legal separation agreement or final decree of divorce that stipulates who has the exclusive right to occupy the house, it remains the "joint marital residence". This is true no matter whose name that the deed is in. Accordingly, if you are not legally separated, you cannot ask your wife to move out at this time. That having been siad, once you are divorced the house should be yours since it was your seperate property prior to getting married.
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