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I am separated from my wife. Want to move back in the house. can she keep me out?

Redding, CA |

Caught her in an affair, 3 day later she filed charges with CPS which were deemed unsubstaniated but kept on file. I moved out voluntarily and want to seek reconciliation. She tells her boss (she works at a church) tht she wants get back to together but refuses to work on the marriage and skips counseling etc. She is constantly changing the child visitation arrangement we agreed to in counseling and has been bad mouthing me to the kids without ever let me talk to them without her there. For financial reasons I want to move back plus I figure it will force her to either work things out or be honest with me and her employer about her intentions. She has threatened a restraining order. Can she legally keep me out of the house or can I move back in without her permission?

Attorney Answers 2


Legally, unless a judge has issued an order excluding you from the residence, you have the right to return to it. If you and your wife are not in agreement about the terms of living together, you should expect that doing so will result in either a motion to the court to grant her exclusive use of the house, a restraining order based on whatever facts she may have to justify that, or just the filing of a request to dissolve your marriage.

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The CPS unsubstantiated report means just that - unsubstantiated. However, if you move back in, she can likely get a restraining order. You would be well served to consult with a family law attorney before taking any self help action.

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