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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9905
Experience:  Experienced Family Law Attorney
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My wife and I have separated. She was in detox for 5 days. I

Customer Question

My wife and I have separated. She was in detox for 5 days. I was asked to leave the home. We own the property together. Am I allowed to return to the property?
Submitted: 8 months ago.
Category: Family Law
Expert:  LegalGems replied 8 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 8 months ago.

Is there any pending legal documentation? Who

Customer: replied 8 months ago.
Expert:  LegalGems replied 8 months ago.

Who made the request (ie spouse, police, attorney)?

Customer: replied 8 months ago.
I went to the house she told me to leave or she was going to call the police. I did nothing. Did not go inside. Asked her to talk
Customer: replied 8 months ago.
We never saw each other or spoke face to face
Expert:  LegalGems replied 8 months ago.

Thank you; I am sorry to hear you are having marital difficulties. One party cannot unilaterally "kick" the other person out of the jointly owned marital home; in order for one party to have the exclusive use and possession of the home, this requires a court order to that effect (it's referenced as a move out order). Some separated spouses will apply for temporary relief while the divorce is pending- ie alimony, determination as to payment of debt, move out orders.

But absent this, both parties are equally entitled to the use and possession of the home.

If one party secures a restraining order, then the judge may also (and typically does) order one party to move out of the house.

If the parties are somewhat amicable, they may draft a separation agreement deciding who will have use of the home, who will pay what bills, etc, to help with the issues until a judge may decide what is appropriate.

Since Kentucky is a "no fault" divorce state, if one party voluntarily moves out of the house, this does not affect property division down the road.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 8 months ago.

Checking in on the above?

I certainly hope this works out with minimal upset as divorce can be very upsetting, but 90% of cases do resolve without trial.

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