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In a trial separation, will the one who move out still have rights to the house if it heads to divorce?

Virginia Beach, VA |

Wife is the one asking for trial separation, should the wife stay in the residence or move out!

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Attorney answers 3


You do not forfeit an interest in the real estate by moving out; however, it is always better to try to have a writtten Agreement prior to moving. If direct discussions are unsuccessful, I suggest that you try mediation.

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That depends upon the circumstances. Consult a local divorce attorney and discuss your situation in detail. Then decide upon a strategy.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


Schedule a consultation with an experienced divorce lawyer in your area to discuss your options.

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