Does my spouse still get access to my home even after moving to another state before filing for divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does my spouse still get access to my home even after moving to another state before filing for divorce?
I bought my home before I got married. Just recently my spouse moved out of my home to another state with my tenant whom she was having an affair with caught them in the act. We have been living an In-House Separation since December 2017. Spouse will not sign any Separation or divorce papers. Spouse has a lawyer but won’t file the divorce papers and I am saving up for one. Can I get rid of her things since she is gone?
Asked on October 3, 2018 under Family Law, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Until a final decree of divorce is granted (or a legal separation agreement is entered into) which states just which one of you has the exclusive possession of the premises, it remains the "joint marital residence". This means that you both have equal rights to enter the home and live there. This is true no matter whose name that the deed is in and whether or not a spouse has moved out. Bottom line, do not remove her belongings at this time.
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.