If I left my husband because of drugs but I’m not unable financially able to maintain a separate residence, can I move back?

Asked on December 6, 2015 under Family Law, North Carolina


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

Answered 5 years ago | Contributor

So long as you are not divorced, legally separated or there is no type of court order in effect that states who is entitled to the exclusive occupancy of the premises, yes you can move back. This is because until either 1 of the 3 above situations comes about, the house/apartment that you shared with your husband is still considered to be the marital residence. Therefore you both have equal rights to live there.

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