What are my rights to legally move back into my house after leaving voluntarily? Domestic violence nor abuse has been an issue.

Asked over 1 year ago - Seattle, WA

Was asked to leave because of disagreement, financial issues and expectations.

Attorney answers (3)

  1. Bruce Clement

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . There's no legal obligation to stay out of the house in this situation, because there's been no DV and there's no court order. Nevertheless, you should be cautious about returning. My experience is that in many cases an unwanted return leads to more arguments, hotter emotions, and often a call to 911 to report DV. DV is broadly defined to include any action (like throwing a cell phone against the wall) or words (like "you'd better watch your back") that would make someone fear for their personal safety). Better to be out of the house looking for an apartment than to be in jail looking for bail. See my AVVO Legal Guides for more information about the legal issues raised by your inquiry. To find my Legal Guides, go the AVVO website at www.AVVO.com; click on “Find a Lawyer”; get to my AVVO home page by clicking on my name or photo; when you get to my AVVO home page scroll down to "Contributions" and then click "Legal Guides." You will get a list of the 29 Legal Guides I have published on AVVO. Scroll down this list and select the topics that are relevant to your question. You may also want to schedule a free ½ hour consultation with me by calling my office at 253-815-8440.

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  2. Elizabeth Rankin Powell

    Contributor Level 20

    3

    Lawyers agree

    Answered . This is a tough one. Your disagreement and finance issues can easily turn into dv/abuse issues, even if that seems totally unreasonable or impossible to you. That is an outcome devoutly to be avoided. So rather than excercise rights that you could have, it might be safer for your long-term outlook to plan to be elsewhere unless or until you can get a clear, unambiguous affirmative answer from the person who voluntarily encouraged you to leave. Elizabeth Powell

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  3. Vitaliy Kertchen

    Contributor Level 16

    3

    Lawyers agree

    Answered . If you have some sort of possessory interest in the house (you're on the lease, or on the title), then you have every right to move back in, so long as there is no court order saying you cannot.

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