before any seperation agreement, do both people have the right to be in the house

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before any seperation agreement, do both people have the right to be in the house

verbally agreed to seperate, I left just to be away from the volitiality of the
moment. stayed at friends for a few days…I’d like to stay at my house for the
kids and she says I cant. Do I have the same right to be in the house before any
legal seperation has happend?

thanks

Asked on June 29, 2017 under Family Law, South Carolina

Answers:

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

Answered 3 years ago | Contributor

Until there is a formal separation agreement or final decree of divorce in effect that stipilates who has the legal right to possession of the premises, it remains the "joint marital residence". This means that both spouses have the right to occupy it. This is true even if one of the spouses temporarily moved out.


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