Do I have a legal right to move back into a home without my wife's permission? 18 Answers as of July 03, 2013

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?

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Reza Athari & Associates, PLLC | Seth L. Reszko
Yes. You have that right if you are an owner of the house or even have a community interest. However, moving back in will create a firestorm. I would recommend going to the family court for an order to allow you access and ability to live in the house.
Answer Applies to: Nevada
Replied: 12/14/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
If you own the home with her, yes. However, if there is a court order kicking you out, no. The biggest danger you face is if there is a fight and it gets out of control. Police tend to take a woman's side when she says she was hit or abused, even if it is false, they tend to err on the side of protecting the woman. That is why I tell clients to always remember - A hotel is cheaper than bail. If things get heated, and they do in these cases, get away and do so fast. How far is up to you, even if you just go to the spare bedroom and shut the door, go shower, or go to a hotel. It does not matter, in domestic matters do not take chances.
Answer Applies to: Texas
Replied: 12/1/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
If there is no court order to the contrary, you have an equal right to occupy the family residence.
Answer Applies to: Minnesota
Replied: 11/29/2011
Marca Tanner Attorney at Law | Marca Tanner
If the home belongs to both of you, YES, you have a right to move back in without your wife's permission. If there is some sort of court order in place, however, like a protective order or stalking injunction, this obviously would not be the case. With the bare bones information provided, you have as much right to your home as she does.
Answer Applies to: Utah
Replied: 11/29/2011
Odin, Feldman & Pittleman, P.C.
Odin, Feldman & Pittleman, P.C. | Richard A. Gray
If the home is jointly titled and there has not been any order of exclusive use and possession granted to your wife; then, yes, you have a right to move back into the home with or without her permission.
Answer Applies to: Virginia
Replied: 11/29/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Yes, but why?
    Answer Applies to: California
    Replied: 5/31/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Whose name is on the title of the house?
    Answer Applies to: Michigan
    Replied: 7/3/2013
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    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.
    Answer Applies to: Ohio
    Replied: 11/29/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Yes unless there are court orders that prevent you from returning. The safest approach is to work out an agreement with her or get court orders permitting cohabitation in the house.
    Answer Applies to: California
    Replied: 11/29/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Maybe, but if you breach the peace in getting in, expect to get handcuffed and carried to jail.
    Answer Applies to: Georgia
    Replied: 11/29/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    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.
    Answer Applies to: Colorado
    Replied: 11/29/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    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.
    Answer Applies to: Ohio
    Replied: 11/28/2011
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    Depends if it is your house or not legally, if there were any Orders of Protection, etc. Even if you are allowed to, if you do it against your will it may not be the most comfortable situation...
    Answer Applies to: Arizona
    Replied: 11/28/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Who's house is it? Are there any orders saying you can't?
    Answer Applies to: Washington
    Replied: 7/3/2013
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