QUESTION
Can the one who left move back in after 15 months? Does the party who paid the utility bills have the right to refuse?
Asked on Apr 14th, 2013 on Divorce - Michigan
More details to this question:
A married couple owns a house together. One party left for 15 months and returned wanting to move back in. Can they do this? Does the party who has been paying the mortgage and utility bills have the right to refuse them? Both names are on the mortgage. Neither has pursued divorce proceedings yet.
4 ANSWERS
I believe you can, but stay away from any violent confrontation, in case of happening call police.
Answered on Apr 16th, 2013 at 2:25 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Until a divorce is filed and the court indicates that one person has possession both parties have equal rights to the property
Answered on Apr 16th, 2013 at 2:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes and no. The one party abandoned the place, so the party that remained could say no. However, the party that stayed also did not file for divorce so the party wanting to move back in has a property interest in the house. That party could sue to get back in or sell the house. So, you either want to get back together or you don't. If you don't, don't sit on the fence - file for divorce. If you want to give it another shot, let him or her back in.
Answered on Apr 16th, 2013 at 2:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Given your an action, not filing any case or procuring any court orders, it would appear that both parties continue to have the same rights as they did throughout their marriage. I would suggest you engage in attorney to determine what your next move should be.
Answered on Apr 16th, 2013 at 2:21 PM