QUESTION
Can she legally come back into my home any time she pleases after leaving two months ago?
Asked on Sep 12th, 2012 on Divorce - Louisiana
16 ANSWERS
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 3:18 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If you are talking about your wife, yes. Until you obtain an order for your exclusive use of the house, you both have a right to be there.
Answered on Sep 18th, 2012 at 3:41 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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If she has a new address, you can probably change your locks particularly if all of her possessions have been removed.
Answered on Sep 18th, 2012 at 3:41 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If it is your wife, yes unless you have a restraining order or an order dividing the property and giving it to you.
Answered on Sep 18th, 2012 at 3:41 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Yes unless you have a protective order against her or if she is not on the lease to your apt or deed to your home.
Answered on Sep 18th, 2012 at 3:40 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Change the locks
Answered on Sep 18th, 2012 at 3:40 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If this was the family home and no one has filed anything, yes she can come back to her home.
Answered on Sep 18th, 2012 at 3:40 PM
Question one: is it really your house or does it belong to both of you under community property law? Question two: Do you have a restraining order to keep her out of the house? If it is community property and you do not have a restraining order,she can come back in at any time.
Answered on Sep 18th, 2012 at 3:40 PM
If she is a co-tenant or co-owner, then yes unless you get a court order granting you exclusive use of the residence. You should consult a family law attorney or facilitator to assist you with the paperwork.
Answered on Sep 18th, 2012 at 3:40 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, it is her home too. Get an attorney for the divorce.
Answered on Sep 18th, 2012 at 3:39 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You do not give enough information to answer this question.. Generally if she is part owner (e.g. on the title) or a co-tenant (named on the lease) she has the right to come back absent a court order forbidding it.
Answered on Sep 18th, 2012 at 3:39 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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That depends on facts you haven't provided. She may or may not have a legal right to enter the property.
Answered on Sep 18th, 2012 at 3:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Whose home, are you married? If it is jointly owned or you are married, probably yes. If it is you home or lease and no marriage, most probably no.
Answered on Sep 18th, 2012 at 3:34 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Change the locks. If her name is on it, yes.
Answered on Sep 18th, 2012 at 3:31 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Why not? If you don't want her to get an order saying she can't.
Answered on Sep 18th, 2012 at 3:29 PM
1 Award
If it is community property and a court has not awarded you sole use and occupancy, then she can come and go as she wants.
Answered on Sep 18th, 2012 at 3:17 PM