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My husband and I have lived in house that we own for 12 yrs. I left two yrs. ago. I want to move back in, but he doesn't want me

Santa Fe, NM |
Filed under: Family law

Do I have a legal right to live there?

Attorney Answers 3

Posted

Is the house also in your name? One way to resolve the issue is file for divorce and have the court divide up the property, the house may be ordered sold, but perhaps there is enough equity in it to allow you to buy another, assuming it is marital property to begin with.

I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client relationship.

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Howard M Lewis

Howard M Lewis

Posted

great counsel

Posted

I am sorry that you are going through this. The question is really one of practice versus theory, theoreticaly you are still married and may move back in, practically, how would you do it. If your name is on the title, you have a legal action and can explain your desire, if not, then you must file for a divorce and use the courts. take care, please use a local attny.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

This is not a simple yes or no question. There are many factors to be considered, including whether divorce proceedings gave been initiated, how title is held, etc. I suggest you consult with local counsel who can advise you as to your rights and procedural options.

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