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 5 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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