My wife and I are seperated(not legally)(the mortgage and lot lease are in both our names) can I live in the home also?

Asked over 1 year ago - Buffalo, NY

We have 3 children the youngest with Autism.

Attorney answers (4)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . If yiu are married and deed is in both names, then you can live in the same house unless there is an order granting your wife exclusive possession. Consult with a local divorce lawyer to help you.

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  2. Michael C. Wild

    Contributor Level 13

    3

    Lawyers agree

    Answered . It appears you have questions about a separation in addition to questions about real property. It's difficult to give a definitive answer in to your question because it will probably require some document review.

    I have a real estate practice in the area, and I'm happy to sit down and discuss your questions in a confidential setting.

    This communication is intended only to provide general information. No attorney-client relationship is created.
  3. Steven Warren Smollens

    Contributor Level 20

    2

    Lawyers agree

    Answered . Dear Home Owner:

    You are right. You are not "legally" separated (you may not even taken the first proper steps to a legal separation) you are not under a court order to cede possession of the house to your spouse, there is no order of protection barring you from the house or mandating you keep a distance from your spouse, you own the house and are responsible for the mortgage, is there a reason you believed that you should not be in the house.

    A married couple contemplating dissolution of a marriage are well-served by early consultations with marriage counselors and attorneys. Your home ownership, child-rearing and finances are entwined. As long as you are living together, you are not "separated."

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  4. Edwin Drantivy

    Contributor Level 18

    Answered . It depends. You would be well-served to discuss your dilemma with a New York domestic relations attorney in a confidential forum as soon as possible.

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