If a wife leaves the family home and takes the kids with her, is she allowed back into the home?

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If a wife leaves the family home and takes the kids with her, is she allowed back into the home?

The home was bought before the marriage

occurred. We’ve been married for 8 years with

two children. My husband has been being

unfaithful throughout most of the marriage but I

have no hard proof to present to the court. I

was asked to leave the family home due to

numerous arguments. I left but took the kids

with me. We haven’t filed for separation of

divorce. Can I move back into the family home

Asked on October 20, 2016 under Family Law


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

Answered 7 years ago | Contributor

So long as there is no formal separation agreement or final decree of divorce in effect which stipulates which spouse has the right to occupancy of the premises, it remains the "joint marital residence". Therefore, both spouses currently have the rights to occupancy, no matter whose name that the title is in. This is true even if 1 spouse moved out and now wants to move back in.

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