QUESTION

Can I move back into my house after my wife served me divorce papers?

Asked on Aug 13th, 2012 on Divorce - California
More details to this question:
Both my name and wife's name is on the deed. I still have belongings and mail going to the residence. I've been out for about a year. We've been separated for 6 months and I was just served divorce papers I need a place to live. Knowing it will be awkward can I move in? There is never been any violence or issues nor is there a restraining order.
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6 ANSWERS

Family Law Attorney serving Calabasas, CA at Shulman Family Law Group
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The short answer is yes. If no violence and you are on title, the police will not make you leave. Be careful of the potential of a false claim of violence.
Answered on Aug 19th, 2012 at 9:46 AM

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Unless she has a restraining order keeping you out of the house, you have rights to possess the house.
Answered on Aug 18th, 2012 at 7:57 AM

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Family Law Attorney serving Petaluma, CA at Law Office of Erin Farley
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The court will generally not interfere with agreements between husband and wife. Your best bet is to communicate with her directly. I advise you consult an attorney so that you understand the obligations and ramifications.
Answered on Aug 18th, 2012 at 7:48 AM

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Is it legal? Probably, though more than likely at this point she has changed the locks. Is it smart? Probably not.
Answered on Aug 18th, 2012 at 7:42 AM

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Interesting question. It would seem to me that if you have not been in your home for the last 6 months, and your wife has been living there, it is possible that you could be considered a trespasser, even though your name is on the title. The best approach is to rent an apartment, for now, and get the divorce over with in as short a time as possible. Have you considered Mediation? Mediation is Fast, Effective and Affordable. It can be completed within about 8 weeks, from start to finish, IF your wife agrees. Talk with her about mediation. Mediation can work for both of you, but without an agreement from both parties, you will not be able to mediate without a Court Order. Good luck.
Answered on Aug 18th, 2012 at 7:41 AM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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Just because you were served with divorce papers doesn't mean you can't live in the house. In order to exclude you the other party needs to apply for and receive a restraining order that you vacate the family home. The downside is that living in the same house when you are getting divorced and be extremely stressful and lead to some rather unpleasant situations.
Answered on Aug 18th, 2012 at 6:52 AM

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