My wife and I have been separated for 5 years and a couple years back she got arrested for stealing and was put on probation. Recently, she got violation of probation. I was told I’m responsible for her lawyer fees and that when she gets out of jail, she can just come to my home and move in against my will and I have no say. Is this true? I’ve made my own life without her and it’s been 5 years. We never went through legal divorce but, the place is being rented in my name. Can I legally refuse to let her live here? Does she have rights to my home? Am I responsible for her lawyers fees for violating the law?
You are in no way (directly) responsible for her legal fees and you can absolutely refuse to let her into your home which is rented solely in your name.
The flip side of that coin, however, is that there is no such thing as "legal separation" in Florida without a valid written separation agreement. Therefore, you can be made responsible directly to her for 50% of her debts when you do get divorced. Thus, for example, if she takes out a $50,000 loan, blows the cash on (insert reason), and then files for divorce, you can be made to pay her $25,000 for half of that debt. She is also able to obtain 50% of your assets.
It is a very bad idea indeed to go through life married but living separate lives. She can also come after you for alimony, and the chances that you would be ordered to pay her alimony increases as the length of your marriage increases (there are other hurdles she might face to alimony, but either way, the chances go up).
If you were in my office sitting across from me describing this situation, my question to you would be "what are you thinking??" Get divorced NOW. Problems like this definitely do not get better with age.
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