Can I legally move back into my house?

My husband and I have been split up for a little over a year; no papers have been filed for divorce or separation. We purchased the house together after we were married and my name is still on the house. Can me and my children legally move back into the house after he has said no?

Asked on September 22, 2011 under Family Law, Louisiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Until your divorce is final or until you have a legal separation agreement or unless there is a court order that addresses this issue specifically, you are entitled to move back into the house and stay. This is because until there is a final disposition of the case (or separation agreement/court order) the house remains the "marital residence". Accordingly, both spouses have a right to possession and use. This is true regardless of whose name title to the house is in. 

Note: If your husband attempts to change the locks or remove your belongings, etc. you can take both civil and criminal action against him.   

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.