Can my spouse come and go into our house?

I’m going through a divorce, files have not been submitted yet. In the meantime, my spouse has

voluntarily moved out. He has found an apartment near by to live at. Can he come and go into our house as he pleases?

Asked on April 19, 2017 under Family Law, California

Answers:

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

Answered 3 years ago | Contributor

Unless and until there is a final decree of divorce or legal separation agreement that specifies who has the right to possession of the house, you both have the right to occupy it. That is because for the time being it is still considered to be the "joint marital residence". This is true no matter whose name is on the deed.

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

Answered 3 years ago | Contributor

Unless and until there is a final decree of divorce or legal separation agreement that specifies who has the right to possession of the house, you both have the right to occupy it. That is because for the time being it is still considered to be the "joint marital residence". This is true no matter whose name is on the deed.


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