Should I put something in writing that my spouse doesn’t live here?

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Should I put something in writing that my spouse doesn’t live here?

My spouse moved out about 2 months ago. She’s very back and forth on making threats about taking the house even though it was purchased prior to the marriage. I’m trying to establish if I should do a separation agreement or what I need to do to protect myself and establish that she doesn’t live here.

There’s paperwork online that I can complete and turn in myself, however I highly doubtful that she will sign it and it’s hard to understand. I consider myself a smart person I’m just not sure of the legal jargon. Also, can I do a change of address for her?

Asked on August 16, 2017 under Family Law, Ohio

Answers:

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

Answered 3 years ago | Contributor

So you seem to realize that the house purchased prior to marriage is yours, although there are some instances when separate property can be converted to marital property in a marriage. Many more facts would be needed here to tell you the answer in your situation. What, though, are your intentions ?  If she won't sign any separation agreement or stipulation of settlement and if you are not going to get back together then file for divorce and stop the clock on what would be considered marital assets.  Then petition the court for exclusive use of the home. These things are fact specific so I would suggest that you call your local bar association and see if they can refer you to an attorney for a free or low cost session to explain the law under your circumstances.  Good luck.


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