What are my rights if my wife and I separated a couple of days ago and both our names are on the apartment lease but I agreed to be the one to leave?

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What are my rights if my wife and I separated a couple of days ago and both our names are on the apartment lease but I agreed to be the one to leave?

I”m wondering if I can be there when she isn’t? She stated that she doesn’t want me there unless I’m moving stuff. Again, this is when she is not there. I have not pursued seeing her or trying to be there while she is.

Asked on April 3, 2012 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am sorry for your situation.  Generally speaking, you are both entitled to be in the marital home unless you have agreed to exclusive occupancy by one of the parties or a court has granted exclusive occupancy to one of the parties. Now, you did agree although I am sure that it was verbal, and it appears she has exclusive use and occupance.  Is it in writing?  No, which could be a problem to enforce. But you did give your word so now you have to decide if you rae willing to live up to it.   Good luck.


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