Do I Have To Let My Wife Back In The Marital Home?

Divorce Attorney Angela FoyQuestion:

My wife moved out of the marital home into an apartment with our older children, but left the younger kids with me. She has since lost her job and cannot afford her apartment so she wants to move back into the house.

Do I have to let her move back in? Can just the kids move back in but not her?


Whether you have to let her move back in and whether she has the right to move back in may be two separate issues. Both likely depend on whether any case has been started, and if so, what the current orders are. I do not practice in your jurisdiction, so I can only speak in generalities based on my experience.

In most jurisdictions, if a case is filed then temporary order regarding who may reside in the house and who is not allowed in the house without the other’s permission may be issued. If no temporary order has been issued, than either party can request orders.

Courts take their authority to order or evict someone from their home very seriously; however, there are circumstances where it is appropriate. If she has moved out for some significant time, it may not be appropriate to move back in, even if she still has an ownership interest in the house.

If both spouses own the home, generally the police will not require one spouse to permanently vacate the residence. Likely the only option is to seek an order through a divorce case. If the parties should not be together because of domestic abuse or harassment, that may lead to a restraining order.

What your best options may be depends on your case and the specific rules in your jurisdiction. I do not practice in Georgia, so I cannot inform you as to the state’s specific laws.  If you have further questions, you should discuss your case with a domestic litigation attorney in your jurisdiction. Cordell & Cordell has men’s divorce lawyers located nationwide.


Angela Foy is an Associate Attorney in the Milwaukee, Wisc., office of Cordell & Cordell where her primary practice is exclusively in the area of domestic relations. Ms. Foy is licensed to practice in the state of Wisconsin, the U.S. District Court, and the Eastern District of Wisconsin. 

 Ms. Foy received her Bachelor’s and Master’s Degrees from the University of Notre Dame. She then continued on to receive her Juris Doctor from Marquette University.

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9 comments on “Do I Have To Let My Wife Back In The Marital Home?

    Ehaybif ibwas kickbout of house and he paid for my place with check and now with cash and I didn’t want to move or divorce

    I’m from Illinois. Semi-related question. My wife left me for another person about 9 months ago. She has taken her things, and has not slept in the house for about 7 months(she stayed 1 night because I had surgery the next day, even though it wasn’t needed or asked for). 2 issues- #1 She has been returning to the house and taking different things without even asking. Pots and pans, lamps, she wanted to take furniture, and many, more things. Although we were married I paid for everything, especially the furniture which was paid for from my inheritance from my mother’s passing. #2 I have heard that she and her lover may be facing foreclosure on their house(she lives there, but does not own any of it). I do not want her to try to force her way back into my house if they lose the house. I definitely don’t want her lover moving in either…which would probably what she would want. I know she does “own” half but does she have a right to return?

    My ex husband moved me back in 14 months ago but now he is having me evicted what do i need do he put eviction papers on my door 2 days ago

    My wife moved out of the house and now is renting an apartment. She think she has all custody of my son with out court order. What can I do ?.
    We married 16 Years and we have the baby when we were married 4 Years.

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    I filed a restraining order against my husband after 30 years of abuse he then accused me of being an alcoholic and doing drugs. I was court ordered to moove out and do random drug testing. I have passed all twelve random drug tests and even got a job after being a stay at home mom of four children for 14 years. What are my chances of being able to move back into my home at the next court hearing?

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