If my husband moved out of the house when I was away on work trip, do I have to let him back in?

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If my husband moved out of the house when I was away on work trip, do I have to let him back in?

He has even changed his address because I got the confirmation in the mail from the US post office. We have 2 small children and he wishes to come and go as he pleases and even spend the night. I do not want this, as he told me that he is with another women.

Asked on February 4, 2016 under Family Law, Virginia

Answers:

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

Answered 5 years ago | Contributor

Unless you are divorced or a formal separation agreement is in place which provides otherwise, your husband has the right to move back in. This is because at this point in time your home is still legally considered to be the "marital residence". Accordingly, he has the same rights to use and occupancy as you do. If you don't want your husband there then you should take legal action now. At this point, you can consult directly with a divorce attorney in your area. They can best advise you further.


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