Can a wife keep the husband from entering the home if both their names are on the house?

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Can a wife keep the husband from entering the home if both their names are on the house?

All of the husband’s clothing and
belongings are inside the house. Been
living together for at least 11 years.

Asked on June 8, 2019 under Family Law, Louisiana

Answers:

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

Answered 4 years ago | Contributor

Unless there exits a legal separation agreement or final decree of divorce that states just which one of you has the legal right to sole occupancy, the house remains the "joint marital residence". This means that you both have equal rights to live in the home. This is true no matter whose name is on the deed and no matter if your husband left and now wants to return.

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

Answered 4 years ago | Contributor

Unless there exits a legal separation agreement or final decree of divorce that states just which one of you has the legal right to sole occupancy, the house remains the "joint marital residence". This means that you both have equal rights to live in the home. This is true no matter whose name is on the deed and no matter if your husband left and now wants to return.


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