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Married 2 yrs - I own home (he's not on mortgage or title), he left a month ago & says he has right to return. Does he?

Asked over 2 years ago - South Lyon, MI

I haven't filed for divorce yet, but my husband moved out a month ago. We have been married for 2 years. We have been living in the home that I purchased 5 years ago, for the last 2 years. My husband is not on the mortgage or on the title. He moved out voluntarily a month ago and is insisting that he has the right to move back in. I do not want him to. We have an 18 month old child together that I have offered him time to visit with and he has declined all offers.

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Christopher M. Mcavoy

Reputation Level 11

Answered almost 2 years ago. Bankruptcy Attorney in Taylor, MI.

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There is no hard and fast rule which answers your question and you will get differing opinions. In fact, opinions on the subject are worthless as you need a firm answer. There is a solution. File for divorce and immediately request that the judge issue an order for exclusive use of the marital home. Once this Order is issued, then any opinion to the contrary is irrelevant. You can also request a temporary parenting time schedule both of you can rely on. This should help you deal with the stress of uncertainty which must be weighing on you.

Letourneau McAvoy

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