What to do if we are llegally separated and my wife wants to move back in to our home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
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.