Would my brother need a document from his wife to have roommates move in if he and his wife are separated?

UPDATED: May 26, 2012

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Would my brother need a document from his wife to have roommates move in if he and his wife are separated?

My brother is separated and his wife has moved out more than 30 days ago. She moved out on her own and my brother has asked her to move back in and she refuses. He finally has decided to get roommates and she has agreed that would be ok. does he need a document from her stating that she has agreed to it?

Asked on May 26, 2012 under Family Law, Georgia


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

Answered 10 years ago | Contributor

Yes he should get a written agreeemnt allowing him exclusive occupancy and the right to "rent" the marital home.  He should also make sure that he keeps clear records regarding any profit from the rental becuase it could be considered marital income.  Good luck.

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