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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102504
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My wife has left me and has filed. I will be out of town

Customer Question

my wife has left me and has filed for divorce. I will be out of town for 6 weeks and she wants to move back in. What should I do?
She closed our checking account with a balance of $11,000 which was funded my my automatic pay.
Submitted: 2 years ago.
Category: Legal
Expert:  Ely replied 2 years ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am very sorry to hear about this situation. Can you please tell me:

1) Whose name is ***** ***** in - both of your names?
2) When was the home purchased, before or after marriage? With whose money?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 2 years ago.
The house is in both names. It was purchased during out marriage. With my money.
Also the $11,000 in the checking account ( in both names)was from my pay only. She has her own account.
Expert:  Ely replied 2 years ago.

Thank you.

This means that the home would be considered community property. Even though she did leave and file for divorce, she can still come back in because her name is on the deed, meaning it is half her home.

What someone in your situation can do is file for temporary orders asking for living arrangements, and ask the Court to order WHO can live on the property while the divorce is pending. (Since she has already left once, the Judge is more likely to give the property to the party that remained at least for temporary orders.) This should override her otherwise natural right to reside in the home.

Temporary orders may also deal with her closing the account, and demand that she put back the money, reopen it, and not spend anything beyond necessities until the divorce is finalized.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.