If I moved out of the house that I shared with my wife, do I still have theright to go back and some items that I left behind?

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If I moved out of the house that I shared with my wife, do I still have theright to go back and some items that I left behind?

We haven’t yet filed. Both of our names are on the deed/mortgage.

Asked on June 16, 2019 under Family Law, Connecticut

Answers:

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

Answered 2 years ago | Contributor

If there is no court order in effect (e.g. a protective order or other court order stating that you may not enter the home) barring you from the house, it is still considered to be the "joint marital residence". Therefore, you have the same right as your wife does to enter it, occupy it, and remove your possessions from. She can't keep you out. This is true no matter whose name hat the deed is in.

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

Answered 2 years ago | Contributor

If there is no court order in effect (e.g. a protective order or other court order stating that you may not enter the home) barring you from the house, it is still considered to be the "joint marital residence". Therefore, you have the same right as your wife does to enter it, occupy it, and remove your possessions from. She can't keep you out. This is true no matter whose name hat the deed is in.


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