What Can I do to let my husband stay out?

UPDATED: Sep 30, 2022

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What Can I do to let my husband stay out?

My husband moved out all his belongings from the
house we are staying in but he comes back some
late nights and sleep. He has been telling everyone
he has moved out and I know he has been looking
apartment and may even has one. He has taken all
his clothes, electronics, towels, sheets, etc. The
house is in my name acquired prior to marriage.

I think it’s not health and it’s already weighing on me
he’s not talking to me and moved out but pop in as
he pleases.

What can I do to make him stay out.

Asked on November 16, 2016 under Family Law, Tennessee


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

Answered 6 years ago | Contributor

Until there is a formal separation agreement in effect or a final decree of divorce has been issued, the house remains the "joint marital residence". This means that both you and your husband have equal rights to the use and occupany of the premises. This is true no matter whose name is on the deed. Accordingly, you must give him access to the house. That is unless he has done something to make you fear for your saftey. In that case you can go to court to obtain a protective order to keep him from entering. At this point, you may want to consult directly with a local divorce attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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