If my wife andI are separated but living in the same home, can she move out with our kids and take the furniture?

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If my wife andI are separated but living in the same home, can she move out with our kids and take the furniture?

Is there anything that I can do to stop her?

Asked on September 2, 2011 under Family Law, Georgia

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation. You are in an odd predicament with the two of you still living in the same house.  Are you legally separated or have you just decide to separate on your own?  If you are not legally separated - or even if you are with a written  separation agreement - perhaps your wife wishes to take the next step toward the divorce requirements in your state.  Generally you must "live separate and apart" in some of the requirements of state laws.  Who has physical custody of the children in your agreement?  If it is your wife then she can leave with them as long as she does not leave the state or dent you access to the children.  As for the furniture, that is a marital asset and also needs to be addressed. I think that it may be time to seek legal help.  Good luck. 


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