Question about wife moving back into home.

My brother and his wife and in process Of getting
divorced. He already filed. She moved out of their
home a little over a month ago. He stayed with their
son. The house is still in both of their names. Just
want to know if he can stop her from moving back
into the house. Or if he has to let her since her
names still on the house.

Asked on September 7, 2016 under Family Law, Delaware

Answers:

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

Answered 4 years ago | Contributor

Until a formal separation has been entered into which addresses the issue of occupany or a formal decree of divorce has been issued direction who has rights to the premises, the home which a married couple has shared remains the "joint marital residence". This means that both spouses have the right to its use and possession. This is true no matter whose name the deed/lease is in and even if one of the spouses has moved out.


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