If my husband filed for divorce and has moved out of our house, does he have the right to continue entering the house as he pleases?

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If my husband filed for divorce and has moved out of our house, does he have the right to continue entering the house as he pleases?

Asked on December 18, 2011 under Family Law, Missouri

Answers:

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

Answered 9 years ago | Contributor

Yes, your husband can re-enter the house at will. This is true no matter whose name may be on the title. The reason is that at this point the house is still is considered to be the "marital residence", therefore both parties have equal rights to possession. However, that changes if: a final divorce decree is issued; a legal separation agreement is executed that gives you the exclusive use of the house; or some sort of temporary order is issued (e.g. protective or stay away order) which calls for his removal from, or non-entry into, the home.

At this point you need to speak to directly to a divorce attorney in your area. They can best explain your  rights and/or remedies.


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