If I get a legal separation, do I have to leave my home? 11 Answers as of March 03, 2014

I want a legal separation. I have two children and I want to stay in my house. Can I legally stay and have him leave?

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Law Office of Robert E McCall | Robert McCall
That is a negotiable point between the parties.
Answer Applies to: Florida
Replied: 3/3/2014
Atticus Family Law
Atticus Family Law | Matthew Ludt
Yes, you can. Whether it is a legal separation or divorce, you can have the court remove him from the house (and if need be, your work and the school(s)).
Answer Applies to: Minnesota
Replied: 3/3/2014
Diane l. Berger | Diane L. Berger
He can either agree to leave or you can ask the Court to order him to leave.
Answer Applies to: Nebraska
Replied: 3/3/2014
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
A legal separation has to resolve property issues just like a divorce. Depending upon who owns the house, what disclaimer deeds etc have been signed, will determine who can stay. I would consult an attorney if you want more information.
Answer Applies to: Arizona
Replied: 2/28/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
You both have the same rights to the house so either you have to come to an agreement or you have to ask the court (in a motion) to determine who stays until the case is resolved. Ultimately, if you want to keep the house, you'll have to pay his his fair share.
Answer Applies to: Washington
Replied: 2/28/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Many more factors are required to properly answer this question. A legal separation does not terminate your marital status but it does divide property and it could include dividing the house. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 2/28/2014
    John T. Belton, Attorney at Law | John T. Belton
    If you and your spouse voluntarily enter into a separation agreement, the terms of said agreement, which you both must agree to in order to have a valid agreement, should stipulate which party has possession and the beneficial use and enjoyment of the family residence.
    Answer Applies to: Ohio
    Replied: 2/28/2014
    The Law Office of James P Peterson
    The Law Office of James P Peterson | James P Peterson
    If he will not move out voluntarily, then you may file for divorce and get temporary orders requiring him to move out and pay child support and other bills. Whether you complete the divorce or not would be up to you or him.
    Answer Applies to: Texas
    Replied: 2/28/2014
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    You both have equal right to be in the home if it was bought during marriage.
    Answer Applies to: California
    Replied: 2/28/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    The court would want one of you to leave. You can file a Motion for Exclusive Use of the home and have the court determine who will stay in the home.
    Answer Applies to: Ohio
    Replied: 2/28/2014
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    The two of you have to agree on who gets to stay in the house with a legal separation. The parties (the 2 of you) have to agree upon matters such as living arrangements, custody, etc. and conduce it into a written agreement.
    Answer Applies to: Illinois
    Replied: 2/28/2014
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