Setting up a new residence for separation


#1

My wife has asked for a separation and wants me to get a place. I have signed a lease and have started purchasing things to make it habitable for me and our two children but still live in the marital residence until we can sign a separation agreement. She has pulled all of her income out of the joint account and refuses to pay for any expenses occurred in setting up the new residence. I feel like the purchases are all marital property until we divorce and should be paid in proportion with our two incomes. Who is right?

Also, she is only willing to pay household expenses according to a ridiculously imaginary and one-sided proportion dreamed up by her attorney.

What recourse do I have while I am still in the house and my names are on the bills?


#2

When you say your wife will pay household expenses according to a one-sided proportion, does this refer to her willingness to pay for expenses for your new residence? Or at the marital home in which your are both still living?

Everything purchased/earned during the marriage, before your date of separation, is marital property. Marital property is not all property acquired before divorce, but rather all property acquired prior to the date of separation. Therefore, the income she is still earning is marital property.

There is no law that requires her to help you setup separate residence; no rule that expenses should be paid in proportion to each parties income. To start, if I were you I would cancel the utilities in your name and let your wife have everything put in her name. Eventually you will need to refinance the home to have your name removed from the mortgage if she intends to stay in the home.