My wife left me three years ago. I have been in the house since and paying the bills, now she claims to want to move back in

Asked about 2 years ago - Chatsworth, CA

Am I obligated to allow my wife to move back in? We have not filed for divorce, but it's imminent. I have allowed her access to any furnishings and things she's wanted. She has been absent from my life for 3 years.

Attorney answers (3)

  1. Donald Frederick Conviser

    Contributor Level 19

    2

    Lawyers agree

    Answered . You needn't allow her to move back in after she abandoned you and the home three years ago, but you should consult with an experienced Family Law Attorney regarding your risk of "Watts Charges", and regarding "Separation" so that you can make a better-informed decision. Your post-separation earnings are your separate property. If you let her move back in, you need to be informed regarding Marriage of Baragry and the risks and consequences of having intimate relations with your wife, letting her cook, clean and launder for you, etc. If you intend to file a divorce, do so now, and you would best retain an experienced Family Law Attorney to represent you.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  2. Hillary Johns

    Contributor Level 19

    1

    Lawyer agrees

    Answered . No. You're not required or obligated by law to allow your spouse whom you've been separated from for three years to move in with you.

  3. Nadine Marie Jett

    Contributor Level 16

    1

    Lawyer agrees

    Answered . This is a complicated situation. You are still married to her. You still have certain legal duties to her. You have not filed for divorce. I believe she can move back in, and the burden will be on you, to get her out and keep her out.
    The longer you delay in filing for the divorce, the muddier the waters become about date of separation. She might want to argue, that you have not separated. I am guessing in you won the lottery today, she would say your are still married and together, and she might be successful.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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