Ifmy wife andI are legally separated, can we live in the same house?

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Ifmy wife andI are legally separated, can we live in the same house?

We need to do this for insurance purposes.

Asked on September 20, 2011 under Family Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This question is best asked to an attorney in your state.  While I do not believe that there is no requirement that you live apart when you start the divorce proceedings, you have asked a different type of question.  You have taken the steps to become legally separated but are choosing to live together for insurance purposes.  One could see that as an intent to defraud an insurance company and that is where I worry for you. Seek consultation on the matter and remember that if you are living together it is important to keep track of when you began "living apart" from a spouse for the purpose of accounting for community property and debts incurred after that date, as it would be considered separate property after the date of separation. Good luck.


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