QUESTION
Do I have a legal right to move back into a home without my wife's permission?
Asked on Nov 21st, 2011 on Child Custody - Ohio
More details to this question:
I am a married man of 6 years. I moved out of the home which my wife currently lives in. Do I have the legal right to move back in without her permission?
7 ANSWERS
Steven D. Dunnings
Whose name is on the title of the house?
Answered on Jul 03rd, 2013 at 12:44 AM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
Who's house is it? Are there any orders saying you can't?
Answered on Jul 03rd, 2013 at 12:40 AM
Family Law Attorney serving Pasadena, CA
at
Law Offices of Paul P. Cheng
Update Your Profile
Yes, but why?
Answered on May 31st, 2013 at 12:56 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
Yes, you have an equal legal right to your wife to be in the house. The only thing that can change that is a court order giving her exclusive use of the property. However, be careful. If she really wants you out, she may claim violence, or the threat of it, to get you out.
Answered on Nov 29th, 2011 at 12:38 PM
Glen Edward Ashman
Maybe, but if you breach the peace in getting in, expect to get handcuffed and carried to jail.
Answered on Nov 29th, 2011 at 11:54 AM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
Assuming you a deeded owner to the home, or are a signatory to a lease for rented property, you do have a "legal" right to reside in the property unless and until there is a court order saying otherwise. The mere fact that you are married, however, doesn't give you any "legal" right to do anything over your wife's objection. But, most importantly, you need to deal with the reality of what could happen if you do move back in over your wife's objection - i.e. accusations of domestic violence that may be very difficult to defend against.
Answered on Nov 29th, 2011 at 8:23 AM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
If the house was purchased during the marriage, you probably can move in. BUT before you pack your bags, please discuss the issues with a local domestic relations attorney.
Answered on Nov 28th, 2011 at 11:11 PM