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

Asked over 1 year ago - Santa Fe, NM

Do I have a legal right to live there?

Attorney answers (3)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . 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... more
  2. Lisa Douglas

    Contributor Level 13


    Lawyers agree

    Answered . 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... more
  3. Catherine Becker Good

    Contributor Level 10


    Lawyers agree

    Answered . 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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