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tritone
recently joined

Reged: 03/08/08
Posts: 7

Petition / Cohabitation Question

#372078 - 03/08/08 06:40 PM

Hey all, I am doing my own divorce and downloaded the appropriate forms for my state (Oklahoma) from ILRG.com. In the Petition for Divorce there is an item that states:

5. Petitioner and Respondent separated on ___th day of , ___ and from that date up to the present, Petitioner and Respondent have lived separate and apart without any cohabitation.

My STBX and I have been living in the same house in separate bedrooms for about 2 weeks now. Does this constitute "cohabitation"? She has flat out stated she is not moving out. The house is in my name only but I do not want to force her to move out, since I am trying to minimize the antagonism between us. What is my best course of action here? Any info would be greatly appreciated!!

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Debi
Carpal \'Tunnel

Reged: 06/03/05
Posts: 7135

Re: Petition / Cohabitation Question

[Re: tritone]
#372080 - 03/08/08 06:55 PM

Neither of you are required to move unless it is ordered. That being said I believe co-habitation would refer to co-habitating as husband and wife. When I was going through my divorce my x moved out and it was CO'd that he be allowed to move back in if he wished (which he did) until it was finalized. We resided in seperate bedrooms and it never changed our dates of seperation.

You do realize though that even if the house is only in your name it is considered marital property unless you have a pre-nup stating otherwise, right?

--------------------
When we were together, you said you'd die for me. Now, I think it's time you kept your promise.

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tritone
recently joined

Reged: 03/08/08
Posts: 7

Re: Petition / Cohabitation Question

[Re: Debi]
#372248 - 03/09/08 03:04 PM

Thanks for the information. I purchased the house on my own before we were married. Is it still considered marital property?

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asurvivor
Carpal \'Tunnel

Reged: 06/14/05
Posts: 3410

Re: Petition / Cohabitation Question

[Re: tritone]
#373202 - 03/11/08 01:56 PM

the date you moved in the bedroom is the date you would use! You became roommates at that point. So to speak.

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