Want to back to my house after separating from my husband for 8 months.

I am separated from my husband and left the house on June 08, 2015. I have been living an apartment by myself. My lease is due on June 08, 2016. My husband do not want me to go back to the house because I left the house and at this point he do not want to live with me. Do I have the right to go back to our house even if he doesn’t want me to?

Asked on March 13, 2016 under Family Law, Florida

Answers:

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

Answered 4 years ago | Contributor

So long as there is no final decree of divorce or legal separation agreement that states who has the exclusive use and possession of the home, then it is still considered to be the joint marital residence. This means that both spouses have the right to live there regardlles of whose name is on the deedl or lease. It also does not matter that one of the spouses previously vacated the premises.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.