If my wife left 2 weeks ago does she have right to come and go as she pleases in the marital home?

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If my wife left 2 weeks ago does she have right to come and go as she pleases in the marital home?

She emailed that she doesn’t want to live in house or take care of dogs, has returned but wants freedom to come when she wants.

Asked on July 13, 2011 under Family Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

Actually she does have the right to do this. Unless a divorce is final or their is a formal separation agreement or some temporary orders have been issued by the court that addresses the exclusive use and occupancy of the house, it is still considered to be the "marital residence". Accordingly your wife has a much right to the home as you. This is true whether or not she has moved out and regardless of who is making the mortgage payments or whose name that the house is in.


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