If my wife left home and moved in withher mother, do I have to allow her back in our home if she wants to return?

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If my wife left home and moved in withher mother, do I have to allow her back in our home if she wants to return?

She lives with her mother now and has been for 3-4 days a week for about a year or more. On Sunday she said she was going to get an apartment with her mother and move out.

Asked on July 25, 2011 Florida

Answers:

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

Answered 10 years ago | Contributor

Actually as things stand now you would have to let her back in. Until there is a legal separation which addresses or a court order which addresses this issue (or until your divorce is final) the premises are still considered to be the "marital residence". Accordingly, she has just as much right to be there as you. What you can do now is to file execute a formal separation agreement or a motion in court for exclusive use and occupancy of the house. You may or may not be granted possession. However without it she can come back in regardless of whose name is on the title (or lease). So don't change the locks until this is all sorted out. You could find yourself in legal trouble if you do.


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