What are my rights if my wife and I separated a couple of days ago and both our names are on the apartment lease but I agreed to be the one to leave?
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What are my rights if my wife and I separated a couple of days ago and both our names are on the apartment lease but I agreed to be the one to leave?
I”m wondering if I can be there when she isn’t? She stated that she doesn’t want me there unless I’m moving stuff. Again, this is when she is not there. I have not pursued seeing her or trying to be there while she is.
Asked on April 3, 2012 under Family Law, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am sorry for your situation. Generally speaking, you are both entitled to be in the marital home unless you have agreed to exclusive occupancy by one of the parties or a court has granted exclusive occupancy to one of the parties. Now, you did agree although I am sure that it was verbal, and it appears she has exclusive use and occupance. Is it in writing? No, which could be a problem to enforce. But you did give your word so now you have to decide if you rae willing to live up to it. Good luck.
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