If I am in the middle of my divorce and I am separated from my husband, can he still come to my house with out permission?

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If I am in the middle of my divorce and I am separated from my husband, can he still come to my house with out permission?

Asked on October 5, 2012 under Family Law, Florida

Answers:

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

Answered 8 years ago | Contributor

Unless your divorce is final, or you have a legal separation agreement establishing which one of you has the exclusive rights to possession or there is a court order (e.g. order of protection) in effect allowing for only you to solely occupy the premises, I'm afraid that you are out of luck here. Until any of the above become applicable, your home remains the "marital home". This means that both you and your husband can go onto and stay at the house as either of you see fit. So don't be tempted to change the locks, etc; it can hurt you in court if you do.


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