In WV, my wife and I separated, i moved out. Six months later, and I would like to move home.

There is no pending court action or court order awarding either of us use of the marital home. Do I have a right to return home against her wishes?

Asked on May 20, 2016 under Family Law, West Virginia

Answers:

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

Answered 4 years ago | Contributor

As a general rule, so long as there is no court order in effect (formal separation agreement, final divorce decree, etc.), both houses have an equal right to occupy the "marital residence". This is true no matter whose name that the deed/lease is in and even if 1 spouse has moved out and now wants to move back in. At this point, you may want to consult directly with a local divorce attorney who can best advise you further after hearing all of the details of your case. 


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