If a wife leaves the family home and takes the kids with her, is she allowed back into the home?
Question Details: The home was bought before the marriage occurred. We've been married for 8 years with 2 children. My husband has been being unfaithful throughout most of the marriage but I have no hard proof to present to the court. I was asked to leave the family home due to numerous arguments. I left but took the kids with me. We haven't filed for separation of divorce. Can I move back into the family home?
So long as there is no formal separation agreement or final decree of divorce in effect which stipulates which spouse has the right to occupancy of the premises, it remains the "joint marital residence". Therefore, both spouses currently have the rights to occupancy, no matter whose name that the title is in. This is true even if 1 spouse moved out and now wants to move back in.
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