If my wife moved out just over 2 years ago and her name is on the deed, can she move back into house?

UPDATED: Sep 30, 2022

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If my wife moved out just over 2 years ago and her name is on the deed, can she move back into house?

I want to file for divorce. My wife moved out of state over 2 years ago to be with her mother. I’ve moved on and am currently having my girlfriend live with me. My wife found out and says that she will come back to get my girlfriend out of the house. Is she entitled to move back in?

Asked on November 26, 2016 under Family Law, Hawaii


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

Answered 6 years ago | Contributor

Typically, until a formal decree of divorce is issued or a formal separation agreement has been entered into, the premises that a married couple shares (or shared) remains the "joint marital residence". This means that they both hve eualr rights to use and occupancy. And this is true no matter whose name is on the deed.

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