If my husband and I have been separated for 10 months and I’m in his house but he is renting some where else, does that still give him the right to go into my bedroom?

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If my husband and I have been separated for 10 months and I’m in his house but he is renting some where else, does that still give him the right to go into my bedroom?

I’m paying the house payment. He says it’s his house and he can go into any room he wants. Is this so?

Asked on December 1, 2012 under Family Law, Georgia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If this is community property or his separate property and there are no court orders in effect that restrict his access, then yes, he can enter onto any property that he owns or the two of you own jointly.  If this was a landlord/tenant situation, the result would be different because the payment of rent would guarantee you a right to a certain degree of privacy as a tenant. 

If you are concerned about him coming in and out and your marriage has come to an end, you need to file for divorce and request temporary orders which grant you the exclusive use of the house, thereby preventing him from entering your home or beddroom.


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