My husband moved out 3 months ago, can he come and go in my home?

We have been married 24 years, we are going to file for a dissolution, however in the meantime he moved out has his own apartment. He does not pay any bills, mortgage child support etc. Can he legally come and go in this home as he pleases? He is on the title but mortgage is in my name only. I live in OH.

Asked on June 13, 2016 under Family Law, Ohio

Answers:

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

Answered 4 years ago | Contributor

Until there is a formal separation agreement in effect or a final decree of divorce has been entered, the house remains the "joint marital residence". This means that both you and your husband have equal rights to the use and occupancy of the home. This is true no matter whose name the deed and/or mortgge is in. To prohibit your husband from entry is illegal. That is unless he is putting either you or your family in fear for your/their safety. Absent that, unfortunately he is free to come and go as he pleases, even if he has his own apartment.


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