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

UPDATED: Sep 30, 2022

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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


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

Answered 5 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.

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 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.

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