Legal Question in Family Law in Washington

Re: seperation

The answer to your question would depend on the situation. There is not enough information here to answer the question. There would be too much guessing. For example: What do you mean by "legally?" Has a divorce been filed, is there a an exparte restraining order or temporary order (if there is and it says that then the answer is yes). If not, you both have equal claim on the residence and children until a court issues an order. If there is not already a divorce action filed, I'd encourage you to file for divorce, and request an ex parte order to set what the limits are until a hearing on temporary orders. This is not self-help law, and you should either retain counsel or get assitance from the county family law facilitator.