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


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.

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