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 2 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 2 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.