What to do if we are llegally separated and my wife wants to move back in to our home?

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What to do if we are llegally separated and my wife wants to move back in to our home?

My wife and I have a legal separation agreement and it states that we will live apart. She chose to move out and I was to stay in our home until this fall when it will be sold and the proceeds of the sale equally distributed between us (this is in the agreement). Now she wants to move back in the home and for me to move out. If I move out will I risk loosing my share of the sale of the house (e.g. abandonment)?

Asked on October 23, 2011 under Family Law, New York

Answers:

Michael D. Siegel / Siegel & Siegel, P.C.

Answered 9 years ago | Contributor

You need to amend the separation agreement to insure that you and she have housing straightened out.  If you agree, this is a simple matter.  You may also want to record a deed to reflect the new arrangement, which protects both of you.


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