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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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Okay I know this is going to be very confusing. Me and my wife

Customer Question

Okay I know this is going to be very confusing. Me and my wife had gotten married 2 years ago. I had plans on living together but she refuses to live with me this is been going on for 2 years. Does this mean we have been legally separated since we've been married. If so do all of our assets have to be separated equally. We do have 3 kids I understand that I will have to pay child support. Well I also have to pay spousal support. I know this is a very awkward situation. I feel that I have been used because I have a job and she does not. Thank you for your help.
Submitted: 4 years ago.
Category: Family Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

Why have you and your spouse chosen not to live together since you were married? Do you believe she engaged in fraud to lure you to marry her?
Customer: replied 4 years ago.

i n e v g h t l a n d a n d s t a r t e r

,First thank you for wanting to help me. 2 years ago when we decided to get married we planned on buying a piece of land. I bought 2.1 acres put water sewage electric and a trailer she still refuses to leave her mom's house. Not saying that having help from the government welfare is necessarily a bad thing. But they receive food stamps for my children and for my wife since I have a good income they don't want me to stay there because they will lose government help. I pay for my kids I am the 1 that support my kids I pay for their every need food close water healthcare exc. So my guess is it may have some to do with fraud. Thank you again
Expert:  Tina replied 4 years ago.
Hello again, Paul, and thank you for the additional information.

Since you are married and able to support your family, it appears that your spouse is engaging in welfare fraud and should be reported to the authorities for this, but since you are married, they could investigate you as well, so it would be best to retain a local attorney to represent you and ensure you are not prosecuted.

You are not legally separated without a court order to that effect typically and all property that has been acquired during the marriage would typically be subject to an equitable division by the family court if you were to divorce.

The state may seek an interest in the property though to repay the state benefits that have been gained by misrepresentation though. Your spouse must be indicating to the state that she is not married, or that you have no income in order to obtain state benefits. This course of action should be stopped as it is likely she will eventually be prosecuted for such conduct.

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Expert:  Tina replied 4 years ago.
Hello again Paul,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law.
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Thank you very much and good luck to you.