There is frequently a great deal of worry when one party vacates the marital home at the start of a divorce process. People wonder why the other spouse “gets” the property or why they are not allowed to move back in after leaving. Legally, simply because one person vacates the property does not imply relinquishing their stake. It indicates that he might have forfeited his right to occupy the space temporarily. Karp & Iancu, S.C. can help!

Temporary Order Granted By The Court

The other party (wife) may not enter the house without the consent of the dwelling spouse if the Court has issued a Temporary Order providing one party (i.e., the husband) with the temporary use of the residence. If the woman tries to enter the home without her husband’s consent, she may be found in contempt of court and subject to fines and perhaps jail time.  Suppose you are visiting the marital home for any purpose, even if the Court has given your spouse temporary access. In that case, it is advisable to make sure you have written permission from your spouse or legal counsel.

When There Is No Granting By The Court

It frequently happens that one party vacates the property without a court order and afterward decides they want to move back in. Legally, you are permitted to return if no court order prohibits you from doing so. However, you must carefully consider what effects going back to the house might have.

For instance, if you return home and there is a fight, your husband might call the police, and you might be charged with disorderly conduct. If your spouse claims domestic abuse or makes threats of it, you could also be served with a domestic abuse restraining order.

What Will The Court Do?

Your acts at a hearing for temporary orders or other items in the case will also be taken into account by the court. Your behavior may be used against you in disputes over child custody, child placement, or property split if you frequently return without informing your spouse, remove furniture without permission, or cause commotion at home. The Court might also make you liable for those expenses if you break a window or lock to enter the house, and your spouse might ask for a restraining order against you.

Your best option is to consult with your attorney if you have moved out of your home but still need access to it.