Question about wife moving back into home.

UPDATED: Sep 30, 2022

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Question about wife moving back into home.

My brother and his wife and in process Of getting
divorced. He already filed. She moved out of their
home a little over a month ago. He stayed with their
son. The house is still in both of their names. Just
want to know if he can stop her from moving back
into the house. Or if he has to let her since her
names still on the house.

Asked on September 7, 2016 under Family Law, Delaware


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

Answered 6 years ago | Contributor

Until a formal separation has been entered into which addresses the issue of occupany or a formal decree of divorce has been issued direction who has rights to the premises, the home which a married couple has shared remains the "joint marital residence". This means that both spouses have the right to its use and possession. This is true no matter whose name the deed/lease is in and even if one of the spouses has moved out.

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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