Can I move back in?

If he is not living there anymore, there is no reason you should not be able to move back in. I would start by asking your ex for the key and see if he agrees. If not you could easily get a court order requiring him to give you the key.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Okay - I’ve posted before so you’re probably pretty aware of my situation. I and the kids moved out of the marital home in February because STBX refused to do so (even though he wanted the divorce). His contention - he refused to live somewhere else & pay the mortgage there. He made the mortgage payment and kept it current from February until September (house has been on the market since March - BAD time to sell a house). He decided in September that he could no longer afford to maintain the mortgage at the marital home and just stopped paying. He moved in with his fiancee’ around July/August timeframe so he’s no longer even living there. When I left, he changed the locks, etc. Now the home is at risk of foreclosure - meaning if someone (which will likely have to be me somehow) doesn’t work to catch it up and continue to pay then it is going to loss mitigation/foreclosure today. My question is - do I have to have a court order to move back in even if my name is still on the mortgage, or can I just tell him that he needs to give me the key? I have the same feeling…I can’t afford to pay my rent where I am and pay the mortgage at the marital home but I also don’t want my house to be foreclosed on because it will negatively affect my credit and won’t allow me to move forward once the divorce is final.