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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My husband and I are separated, he moved out about 6 weeks

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My husband and I are separated, he moved out about 6 weeks ago. I am preparing to file for divorce but have not hired a lawyer as yet. Now my husband wants to move back into the house against my wishes. Can he do this?

Thank you for your question. Please permit me to assist you with your concerns.

This very much depends on how he moved out. Please allow me to explain.

If he moved out with the intent of not returning, then he is NOT entitled to be let back in. Examples of how you can infer his intent may be if he removed most or all of his personal belongings before he left, or if he took his toiletries with him (which can be read as intent), or if he removed his more permanent belongings such as a television, furniture, or other hard to move items. An another very powerful example is if he moved to a new permanent location (not a hotel) and also filed for an address change to that locale. If those facts are present, he can be deemed as abandoned the premises, with you being completely within your right to not permit him back into the home.

Good luck.

Customer: replied 3 years ago.

He did take 90% of his clothing and shoes and his toiletries. He has been living in our RV because money is short. So even if his intent was to move out, how do I prevent him from coming back? It will be extremely damaging to my mental health if he does.

Thank you for your follow-up.

What you can lawfully do is change the locks. Since it appears that he intended to abandon and leave sole occupancy to you, that permits you to change the locks and permanently take over the premises until there is a court order devising otherwise, or there is a divorce decree, or you both reconcile and you allow him back on the premises, if that ever happens.

Hope that helps.

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