do i have the right to move back into the house even though we are seperated

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do i have the right to move back into the house even though we are seperated

my husband and I have been living separately for a year and a half and I would like to move back into the house for the sake of our son. Can I legally do that since we are not legally separated or divorced?

Asked on February 8, 2017 under Family Law, Ohio

Answers:

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

Answered 4 years ago | Contributor

Yes, you probably can since you are not formally separated or divorced. Until then, the house remains the "joint marital residence", no matter whose name it is in. That having been said, if your husband files for a formal separation, then he can ask for sole use and occupancy of the premises, which under the circumstances he will probably be granted. At this point, you should consult directly with a divorce attorney in your area.


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