Can an ex move back in?

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Re: Can an ex move back in?

Unread postby TJinCA » Mon Oct 02, 2017 11:12 am

If the house wasn't awarded as property to either party and exclusive use wasn't awarded to either party, she probably has a legal right to move back in. I don't think you can get a no trespassing order against a legal owner.

Probably the right move would be to file a request for exclusive use until the property sells. Or maybe, if there's some justification, a restraining order requiring her to remain off the property.
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Re: Can an ex move back in?

Unread postby dad2grls » Mon Oct 02, 2017 5:34 pm

Wow that's one big loophole right there.

Please post the name of your friends attorney so I know never to use him or her in the unlikely event I ever get married again and then divorced.

If he represented yourself, now you can see why people who represent themselves have fools for clients.
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Re: Can an ex move back in?

Unread postby MrCoolDC » Fri Oct 27, 2017 1:36 pm

hoot74 wrote:A home is where you sleep. His house is not her home.

If he gave her a warning letter that she is not welcome or invited, then he would have a claim in criminal court and family court against her if she came.

This topic requires an attorney.


As we so often say here, depends on the state, which is why you need a lawyer. As I understand it, in Maryland, it's a bad idea [1] for the spouse who moved out to try to go back into the house after the move-out date even though there is no temporary order in place.

In my case, NJ tried to break into the house I moved to on one occasion (I called the police but no arrest occurred), and then on another occasion got S11 to let her in when I wasn't there. Again, reported to police who did not make an arrest but did take a report. After that lawyer sent her a letter saying she would be charged with trespassing etc. if she ever did that again (this was a type of notice letter).

In a typical case of NJ projection, NJ to this day acts terrified that I will one day try to enter her home, and won't let the children keep keys to her house when they are living at my house.

[1] Makes the person who re-entered the home look creepy, to the judge.
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Re: Can an ex move back in?

Unread postby SoxFan1986 » Thu Jan 04, 2018 1:11 pm

Can she move back in? Not if the locks are changed and the security system is armed.

Could she call the cops, yeah, but sounds like a civil matter...

Are there any children involved?
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Re: Can an ex move back in?

Unread postby Minerva » Mon Jan 08, 2018 11:10 am

Why would anyone be moving in a person (including you) to a house they are trying to get rid of?

It's a sellers market, your friend should be focusing on selling his house not moving people in and out while trying to list.
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