What rights does a wife have after separation.

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What rights does a wife have after separation.

My wife and I have been living separate for 2
years and have 4 children together. I have a
house with my girlfriend who is also on the
lease. We have no court order for support or
divorce because my wife will not sign, does my
wife have any rights to the house I lease with
my girlfriend?

Asked on August 10, 2019 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, she has no right to a home leased with your girlfriend:
1) Since it is leased, not owned (whether in whole or jointly by you, it is not one of your assets and so she has no claim to any of its equity, value, etc.
2) Because it was not (we presume, from your question), the marital home in which you and your wife had lived prior to separation, she has no rights under family or matrimonial law to return to and reside in it (a spouse can live in the marital home even if she left it for a time, unless there is a court order or decree to the contrary, such as from a formal separation or divorce proceeding).


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