If a wife leaves the family home and takes the kids with her, is she allowed back into the home?
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If a wife leaves the family home and takes the kids with her, is she allowed back into the home?
The home was bought before the marriage
occurred. We’ve been married for 8 years with
two children. My husband has been being
unfaithful throughout most of the marriage but I
have no hard proof to present to the court. I
was asked to leave the family home due to
numerous arguments. I left but took the kids
with me. We haven’t filed for separation of
divorce. Can I move back into the family home
Asked on October 20, 2016 under Family Law
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
So long as there is no formal separation agreement or final decree of divorce in effect which stipulates which spouse has the right to occupancy of the premises, it remains the "joint marital residence". Therefore, both spouses currently have the rights to occupancy, no matter whose name that the title is in. This is true even if 1 spouse moved out and now wants to move back in.
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