# Can I move back in? **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [November 1, 2007, 8:59pm UTC](https://forum.rosen.com/t/can-i-move-back-in/5211 "2007-11-01T20:59:58Z")\ **Posts on this page:** 2\ **Page:** 1
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [November 1, 2007, 8:59pm UTC](https://forum.rosen.com/t/can-i-move-back-in/5211/1 "2007-11-01T20:59:58Z")
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 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Durham & Chapel Hill Office 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![tcwaller](https://avatars.discourse-cdn.com/v4/letter/t/13edae/32.png) [@tcwaller](https://forum.rosen.com/u/tcwaller)\ **Post date:** [November 1, 2007, 3:58am UTC](https://forum.rosen.com/t/can-i-move-back-in/5211/2 "2007-11-01T03:58:35Z")
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. Tracie