My husband wont let me move back into my house

Asked about 3 years ago - Saint Augustine, FL

my husband and i split and i went to another state to help with family issues for a few months and when returned he wont let me move back in..our name is both on the loan and deed.he said i abandoned the house.the house has been in forclosure but i want to save it.he just want to live there for free with his girlfriend.HELP!

Attorney answers (2)

  1. Michael S ('Mike') Hagen

    Pro

    Contributor Level 13

    Answered . This issue falls into both the family law and real estate law areas, but I will just address the real estate law angle. As co-owners, you both have full rights to use and enjoy the property. That means that if you want to move back in you have every legal right to do so. This, of course, may not be feasible from an emotional standpoint or a practical standpoint if he forcibly excluded you.
    Your husband's claim that you have "abandoned" the house has no legal merit.
    When you say that the house has "been in foreclosure" I assume you mean there is an active foreclosure lawsuit against you and your husband as borrowers. If so, you need to see an attorney immediately to determine where you stand in that case. There are many potential options you might have, including a loan mod, short sale, or stipulation with the lender. If you have any equity, it is even more important to take prompt action.

  2. Andrew G. Storie

    Contributor Level 12

    Answered . From the family law side, the house is marital property and is equally yours and his. Your husband, absent a court order giving him exclusive use and possession of the house, cannot legally keep you out of the home.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal... more

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