If I moved out temporarily, can my wife prohibit me from moving back in?

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If I moved out temporarily, can my wife prohibit me from moving back in?

I’ve been gone about 2 months.

Asked on May 6, 2018 under Family Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No your wife cannot stop you from returning. The fact is that until a legal separation has been entered into or a final decree of divorce has been granted stating which of you has the excluvide right to possession of the premises, the home that you shared with your wife remains the "joint marital residence". This is true no matter whose name that the lease or deed is in and even if you moved out temporarily.  


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