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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3471
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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My wife moved out in September of 2014 and has established

Customer Question

My wife moved out in September of 2014 and has established residence in a apartment 10 miles from here, when she left she removed more than 50% of the furniture and furnishings, although her name is ***** ***** the Deed, she has not paid or contributed to any utility bills, tax bills, or mortgage payments, home owners insurance, there is no equity in the home and it is in a pending foreclosure status. Also none of her mail had been coming to this address in 8 months. Although I have been served with divorce papers nothing has been signed and there is no legal separation in place. So having said all that, my wife still thinks she has the right to come and go here as she pleases even though there is no real reason for her to access my living space other to harass me and to spy on. So the question is can she still come and go as she please and show up here at anytime without any verbal or written notification ? She showed up earlier today with no notice and no reason to access other than to bother me. What would you suggest I do to protect my privacy, and to prevent her from showing up here whenever she wants ? She is even trying to dictate who I am allowed to have over here meaning NO female friends, I'm not talking spending the night just coming over to visit me for a few hours please advise and Thanks !
Submitted: 2 years ago.
Category: Family Law
Expert:  Michael J, Esq. replied 2 years ago.
Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law issue today.
I'm sorry to hear about your situation. Unfortunately, until there has been a legal order to the contrary, that is still the marital home under the law and she has the right to access it.
The only way to cut off this right is to get the divorce started and have a Judge order her to stay away. Perhaps you can file for temporary relief immediately instead of waiting for the divorce to settle.
I hope this helps!
If you valued my time, I'd love a positive review. I'll be happy to follow up until you're completely satisfied.