Can he move back in?

When my spouse is released from prison, do I have to let him move back into our jointly owned home where I am living?

If you have formed the intent to remain permanently separate and apart, then you are not required to let him back in the home. It would be a good idea to let him know of this in advance, and also be willing to gather his clothing, personal belongings, etc. to give to him upon his release.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

I feel so much better. Thank you!