Can my wife tell me when I can come back to our house?
Asked on May 24th, 2013 on Child Custody - Massachusetts
More details to this question:
Because of all the unneeded arguing and accusations, I left my house to keep my two sons, who are 8 and 19 months, wouldn't be exposed to all the senseless words and yelling that I received. Now, she thinks she gets to say when I can come back to my own house. What are my legal rights and limitations?
She cannot keep you out of the house unless there is a court order giving her exclusive possession of the house or a temporary protective order. Although, if you think the arguments could turn physical you might want to consider not returning to the home. You should probably talk to an attorney about this.
You issue is not legal. Sure, you can go back to your house, but the fighting will continue. The cops will be called and you will get a domestic violence complaint against you. You and your wife need to go to counseling to see if the marriage can be saved. If it can't, you need to face the reality of divorce.
Unless there is a court order stating you cannot return, there is nothing preventing you from returning. However, be careful, as these situations can result in restraining orders and other unintended consequences. Taking legal action to define your rights may be the best way to proceed.
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