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Do I have to leave my house if we separate?

Anonymous Asked:

i want to separate from my husband but i have no where to go...i am living in our matrimonial home...my husband says if i want to separate i need to get out of the house...is he right? we have kids that go to school near by and i am stay at home mom...i feel i have no way out..thank you for your reply.

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A Family Lawyer
10 years ago

These situations raise issues of exclusive possession of the matrimonial home, child support, spousal support, occupation rent, and property division, and all of those issues should be taken into consideration at the outset. As well, you would need to consider ownership of the property, and whether it is solely owned or jointly owned. While you may have immediate relief to have him excluded from the home, if the grounds exist, that may or may not be the long term solution. Ideally, you consult with a family law lawyer of your choosing to discuss both next immediate steps but also what you could be looking at in the long term. The issue is not whether you are separating, because it only takes one spouse to separate. The real issue is how will the legal issues arising from that separation shape up, and what are the immediate and long term implications of the issues?

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