My husband moved out 3 months ago, can he come and go in my home?

UPDATED: Sep 30, 2022

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My husband moved out 3 months ago, can he come and go in my home?

We have been married 24 years, we are going to file for a dissolution, however in the meantime he moved out has his own apartment. He does not pay any bills, mortgage child support etc. Can he legally come and go in this home as he pleases? He is on the title but mortgage is in my name only. I live in OH.

Asked on June 13, 2016 under Family Law, Ohio


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

Answered 6 years ago | Contributor

Until there is a formal separation agreement in effect or a final decree of divorce has been entered, the house remains the "joint marital residence". This means that both you and your husband have equal rights to the use and occupancy of the home. This is true no matter whose name the deed and/or mortgge is in. To prohibit your husband from entry is illegal. That is unless he is putting either you or your family in fear for your/their safety. Absent that, unfortunately he is free to come and go as he pleases, even if he has his own apartment.

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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