If my wife files for divorce, does she have to move out of my house if it is only in my name?

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If my wife files for divorce, does she have to move out of my house if it is only in my name?

I have owned my home for 10 years. We married 3 years ago and I have not placed her name on the deed. House is paid off. She has filed for divorce so do I have to move out or does she?

Asked on July 1, 2012 under Family Law, Connecticut

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your situation.  I think that you need to speak with ana ttorney in your area on specifics.  But I can let you know that from what you have said the property seems to be your separate property as it was owned prior to marriage and there appears not to have been an attempt to make it marital (you did not place her name on the deed).  You need to ask for exclusive use and occupancy when you answer the divorce petition.  Good luck.


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