Not normally, if you mean to move back in. Even though you have no separation agreement, if you have left the home with the intention that this would be a separation and you informed the spouse that this was the reason, then your spouse would have to invite you back or give you permission to even be on the property without an invitation.
No, once one party moves out of the residence the other spouse has the right to ask that they not return to the residence. If they do return they can be arrested for violating the Domestic Criminal Trespass law.
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
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
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Also, if the spouse returns, it can reset the 1 year seperation “clock” for purposes of filing divorce.
Hi,I have a question for you, can a spouse return to the home they left even if the other spouse doesn’t say they can? Both spouses on deed. No seperation agreement in place or papers filed, how is this looked upon? Thanks in advance.