At what point does a husband lose residency rights in the “marital” home?

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At what point does a husband lose residency rights in the “marital” home?

I was awarded a 2 year restraining order today against my husband. He plans to get help fighting it but I’m wondering since he’s been out for 3 weeks already (because of the emergency order), how much longer it would take that he would lose “residency” in my rented house. I’m scared that he might get back in and be hurtful to my children and I.

Asked on June 11, 2012 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am assuming that the restraining order does not permit him near the home or you (as I can not read the parameters I can not say for sure if this is true).   It does not effect his rights legally to the marital home, which is what I think you are confusing here.  If you want to have exclusive occupancy or a determination that the home is not his any longer you would need to ask a judge to rule on that issue.  Please speak with a lawyer as to your next step.  Good luck.


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