Does my wife have any rights to my residence if I sign a lease to a new apartment without her knowing?

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Does my wife have any rights to my residence if I sign a lease to a new apartment without her knowing?

I want a separation but she does not.

Asked on August 3, 2018 under Family Law, Georgia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If she is not on the lease, then an apartment complex will not permit her entry without your permission.  If the lease had "value" (i.e. was an asset like a commercial lease), then she could make a claim for some of the "value" within the divorce action and request that this be taken into consideration when dividing the community estate.  However, without a court order, a new apartment is not just going to give your wife "access rights" to the new apartment.


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