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LegalPro, Lawyer
Category: Family Law
Satisfied Customers: 589
Experience:  33 years experience in domestic relations and family law practice.
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My husband and I have been separated for 3 years. He is refusing

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My husband and I have been separated for 3 years. He is refusing to file for divorce, even though he has a girlfriend. In the state of TN can I legally move into his apartment? Is it consider marital property?
Submitted: 5 years ago via USmarriagelaws.
Category: Family Law
Expert:  LegalPro replied 5 years ago.
Is the apartment owned by him or rented? If owned, whose name is XXXXX XXXXX title?
Customer: replied 5 years ago.
It is rented.
Expert:  LegalPro replied 5 years ago.
If he is simply renting the apartment, your right to move into the premises would be very limited, especially if only his name is XXXXX XXXXX lease. You may have a marital interest in his leasehold, but I don't think that alone would automatically entitle you to take possession of the premises without his or the landlord's permission. To generate movement in your case, you may have to be the one to initiate filing. If you don't have the filing fee, you may ask the court to let you file without one and then let the court decide who must pay the fee.
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