In WV, my wife and I separated, i moved out. Six months later, and I would like to move home.

UPDATED: Sep 30, 2022

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In WV, my wife and I separated, i moved out. Six months later, and I would like to move home.

There is no pending court action or court order awarding either of us use of the marital home. Do I have a right to return home against her wishes?

Asked on May 20, 2016 under Family Law, West Virginia


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

Answered 6 years ago | Contributor

As a general rule, so long as there is no court order in effect (formal separation agreement, final divorce decree, etc.), both houses have an equal right to occupy the "marital residence". This is true no matter whose name that the deed/lease is in and even if 1 spouse has moved out and now wants to move back in. At this point, you may want to consult directly with a local divorce attorney who can best advise you further after hearing all of the details of your case. 

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 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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