If my huband moved out on his own, do I have to let him back in?

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If my huband moved out on his own, do I have to let him back in?

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Asked on November 19, 2012 under Family Law, California

Answers:

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

Answered 8 years ago | Contributor

I'm afraid that you do. No matter whose name is on the deed/lease, at this point the premises is considered to be the "marital residence" and accordingly both parties have equal rights to possession. This is true even if your husband moved out for a time. However all that can change if: a final divorce decree is issued; a legal separation agreement is executed (and it gives you the exclusive use of the home); or some sort of temporary protective order is issued (e.g. a stay away order) which prohibits his return.

At this point you need to speak to directly to a divorce attorney in your area. They can best explain your rights/remedies.


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