Divorce, Jean Mahserjian Blog

Rights to the Marital Home During Separation

Posted on by Jean Mahserjian, Esq.

Are you wondering what your rights to the marital home during separation are? Read this blog to learn more by our experienced Saratoga divorce lawyer.

Rights to the Marital Home During Separation

Question:

My wife and I have been married for 7 1/2 years. Our home is in her name only. She wants a separation and I do not…she had an affair. She wants me to move out. Do I have any legal rights to not move?

Answer:

If the home was acquired during the marriage, it is marital property subject to division regardless of how title is held. Even if the residence was acquired prior to the marriage, you may still have an interest in any appreciation in the value of the house. Simply because she wants a separation or even commences a divorce, does not mean you must leave the residence. However, in certain instances a court can award exclusive use and occupancy to one party;. For example, when there is a the presence of marital strife or where one spouse has voluntarily established a residence elsewhere. The determination is fact-specific. You may want to consult with an attorney to find out more about your rights based upon your specific facts and circumstances.

This legal question was provided by Avvo and answered by Katrin Falco, an experienced Saratoga Divorce Lawyer.  This does not consent an attorney client relationship.

Just as no two marriages, and no two families, are the same, every divorce is different. At Jean M. Mahserjian, Esq., P.C., our clients come to us with a variety of questions and concerns, reflecting their unique circumstances. Though these concerns can be broadly categorized, we know that the solutions are found in the particulars. That’s why we work closely and collaboratively with you to identify and prioritize your goals ― and formulate a strategy for achieving them.

Jean Mahserjian, Esq.

Jean M. Mahserjian, Esq., is a New York family law and divorce attorney in Albany, Saratoga, and the surrounding areas. For more than 20 years, Jean has maintained her capital region law firm, located on Route 9 in Clifton Park, New York. The practice encompasses all areas of family and matrimonial law, an online uncontested divorce service and various areas of estate planning.

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