What rights does a wife have after separation.

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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).

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 AttorneyPages.com 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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