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What are my legal rights if I continue to stay separated from my husband. We are still married!

Hello. I separated from my husband in mid-July. I moved out and took the kids that were still living at home with me. This was not a nasty separation.....just a good move for the both of us I think. I do not think that he totally disagrees with me either. Why should he..........he got to stay in the comfort of his own home. Anyway..... I just want to make sure there isn't anything that I need to do while being separated to ensure my rights as 1/2 owner of our stuff after 21 years of marriage. Thank you so very much for your help!

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Attorney answers (1)

Reputation Level 14
You say this is his home. Not so, you have invested your time, money and labor as well. If you continue to stay separated, then you stand to lose some of the equity of this home as well as furniture, furnishings, etc.
You are entitled to alimony at this stage for this is considered a long term marriage. If you stil have minor children, they are entitled to child support - a right that you can not waive. What you should do is file for a divorce, custody, support, and temporary use of the home and marital furnishings. If not, they may just disappear. I suggest you hire an attorney. You may have pension, retirement, check and savings and insurance that needs to be considered.

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