QUESTION
If I get a legal separation, do I have to leave my home?
Asked on Feb 26th, 2014 on Divorce - Texas
More details to this question:
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?
8 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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That is a negotiable point between the parties.
Answered on Mar 03rd, 2014 at 4:39 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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He can either agree to leave or you can ask the Court to order him to leave.
Answered on Mar 03rd, 2014 at 4:33 PM
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)).
Answered on Mar 03rd, 2014 at 4:30 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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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.
Answered on Feb 28th, 2014 at 3:55 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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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.
Answered on Feb 28th, 2014 at 3:54 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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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.
Answered on Feb 28th, 2014 at 3:53 PM
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.
Answered on Feb 28th, 2014 at 3:53 PM
You both have equal right to be in the home if it was bought during marriage.
Answered on Feb 28th, 2014 at 3:53 PM