Does my spouse still get access to my home even after moving to another state before filing for divorce?

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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 2 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.


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