If my husband has served me with divorce papers and it states in the papers we are legally seperated, can he come in my house as he pleases?

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If my husband has served me with divorce papers and it states in the papers we are legally seperated, can he come in my house as he pleases?

Our papers state seperation began about 3 weeks ago. We have a minor son living with me in our home that I share with my husband’s grandmother.

Asked on June 15, 2012 under Family Law, Georgia

Answers:

Brad Micklin / The Micklin Law Group

Answered 9 years ago | Contributor

Probably,  But it will depend on who owns the home. If the home is jointly owned by you and your husband, you have no legal right to keep them out of the house. Moreover, if it's the residence at you 2 shared but you do not own it, you probably still cannot unilaterally block him from the residence you shared while you were married.

You can file a motion to seek possession of the residence and prohibit him from returning since he claims to be legally separated. There is an old case  Roberts versus Roberts that specifically states, for different reasons, that you can be given possession of the house in order to properly prove a divorce cause of action. Since he is alleging legal separation, which you probably mean 18 months separation because New Jersey does not have legal separation, you should be successful on this motion.


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