We are getting a dissolution and have agreed to seperate everything. while waiting for are date in court to finalize it all, i purchased the house we lived in and gave her share of the equity. But she don't have a place to stay and house the kids(2). She said that she has a right to stay in the house. if that is right i would think that she should pay for half of the bills. i wanted to know if that was right or do you need more info.
When you terminate the marriage by dissolution, everything is agreed between the parties, in writing. Therefore there is no obligation except what has been agreed to. On the other hand, since you have not had the case finalized before the court, there is nothing to stop her from refusing to go forward with the dissolution if she is not satisfied with the arrangement.
There is no legal requirement that states one is obligated to provide the other with a residence. I assume that there is provision for the support of the children, so it would make sense that she would be paying expenses to stay somewhere else. But again, with a dissolution, it is all up to the agreement you make.
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Obligations and duties are spelled out in the separation agreement that was filed with the dissolution. These obligations and duties are not enforceable until the final decree goes of record.
I will assume that you did not have counsel assist in preparing your separation agreement. Usually the agreement will spell out when the parties are living separate and apart and what the date of separation is for valuation purposes. Here it seems that she is evidently living off of you at your expense but already has received her share of the house equity.
Before throwing out what may be a good agreement between the two of you, i suggest that you seek a consultation with a local attorney to review y our separation agreement and circumstances. This should help in determining what you should do now and what you can expect in the near future.
There are many good attorneys in Cincinnati. Please feel free to call my office to schedule a consultation.
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