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a couple has been separated for 9 months. they are still legally…

Customer Question
a couple has been separated...
a couple has been separated for 9 months. they are still legally married and own a home. he left the house willingly 9 months ago. she has been paying the mortgage since. he now has stated he is moving back in while she is on vacation. is this legal?
Submitted: 3 years ago.Category: Family Law
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Answered in 4 minutes by:
1/3/2015
Family Lawyer: Barrister, Lawyer replied 3 years ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,576
Experience: Attorney with 17 years experience
Verified
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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he now has stated he is moving back in while she is on vacation. is this legal?
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Yes, this would be legal. Unless there is some formal order from the court awarding possession of the marital home to only one person, then both spouses still have the legal right to live there even if they have been separated for a period of time.
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The husband wouldn't lose any ownership or possessory rights due to him leaving for a period of time.
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I am very sorry if this is not the news you had hoped for, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when an answer is not favorable to the customer.


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thanks
Barrister
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Customer reply replied 3 years ago

I understand he would not lose any ownership or possessory rights, but is there any way to stop this from occurring?

Family Lawyer: Barrister, Lawyer replied 3 years ago
The wife could change the locks, but that would only be a temporary solution as the husband has a legal right to live there and could legally gain entry however he can and then change the locks again.
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About the only legal way to prevent him from returning is if there had been threats made by him towards wife of bodily harm or some type of spousal domestic violence. The wife could then file for a restraining order that would prevent him from moving back in....
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thanks
Barrister
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Customer reply replied 3 years ago

can she be compensated by him for the mortgage that she has paid over the last 9 months?

Family Lawyer: Barrister, Lawyer replied 3 years ago
Legally this could be brought up in any divorce proceedings in any property settlement because if they are both on the mortgage, then they both have an equal responsibility to pay the mortgage.
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But this is something that is done during an actual divorce proceeding as the wife wouldn't have any legal grounds to force him to pay while they are still married.
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thanks
Barrister
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Customer reply replied 3 years ago

thanks for your time. your answers confirmed what I thought I already knew.

Family Lawyer: Barrister, Lawyer replied 3 years ago
You are very welcome. Glad to help any time, even though the news may not have been very good..
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thanks
Barrister
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