Do I Have to Let My Spouse Move Back in?
In this video, Attorney Brian Freeman explains if you have to let your spouse move back in if they are looking to do so. Contact one of our experienced divorce attorneys in Jersey City to guide you through the process.
Generally speaking, unless there’s a court order barring a spouse from entering into the marital home after they’ve left, they have a right to be there. This is especially true if they’re sharing in the cost of the home’s maintenance or have no other place to live. The only way to prevent a spouse from coming back into the marital home – because remember, you both own the property – is to obtain a court order.
You can seek a court order via a motion in which you give the court specific reasons why the other spouse should not be allowed in the home. For example, the spouse may be violent, or it may be a toxic situation, especially if you have children and there’s constant arguing. The court would likely consider such factors, as well as certain financial aspects. The court will seriously consider the ability of that person to live somewhere else and, if they can’t, you may very well have to stay in the same home.