Do I have the right to move back into my home since I moved out because ofmy husband’s abuse?

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Do I have the right to move back into my home since I moved out because ofmy husband’s abuse?

I moved out 4 months ago because of verbal and drug abuse by my husband. We are divorcing and I want to move back into my home. He says it is now his house because I abandoned it. Is this true?

Asked on September 27, 2011 under Family Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, it is not true.  And do not let him convince you otherwise. You left for safety reasons, am I correct?  You had no "intention to abandon" your asset, correct?  But moving back in may be difficult at this point in time.  I am assuming that you want to live there with out your husband, right?  Then you are going to have to ask for exclusive use and occupancy of the house prior to the divorce. That is something that he can also ask for from the court and your leaving gives him a bit more leverage in  this area with out knowing more about your situation (finances, assets, etc.).  Seek legal help.  Good luck.


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