How to keep my spouse from moving back in?

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How to keep my spouse from moving back in?

My future ex moved out of our home months ago and moved in with her boyfriend. They recently broke up and she’s moving back in. She causes strife in the house. How can I legally get keep her out of the house?

Asked on January 11, 2011 under Family Law, New Jersey

Answers:

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

Answered 11 years ago | Contributor

Unless the divorce has been finalized or you have gone to court and temporary orders have been issued giving your the right to the house, there really isn't anything that you can do.  At this point, she house is still considered to be the joint marital residence (this is true even if her personal belongings out).  You should speak to your attorney or the court about this. And whatever you do, do not be tempted to use a little self-help such as changing the locks.  There could be penalties if you do.

Note:  If she puts you in fear for your personal physical safety, then you may be able to apply for a protective order which would result in her being prohibted from entry.


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