What are my rights to live in out rental during a divorce?

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What are my rights to live in out rental during a divorce?

My wife is trying to file separation papers to get my name off the lease.

Asked on February 12, 2019 under Family Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless and until there exists a legal separation agreement or final decree of divorce which determines who has the exclusive right of possession to the premises that has been shared by a married couple, then it remains that "joint marital residence". This means that they both have a right to ive ther, regardless of whose name is on the lease (or deed).

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless and until there exists a legal separation agreement or final decree of divorce which determines who has the exclusive right of possession to the premises that has been shared by a married couple, then it remains that "joint marital residence". This means that they both have a right to ive ther, regardless of whose name is on the lease (or deed).


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