Both of you are responsible for the “loan” until the issue is decided via agreement or court order. Makes no difference who resides in the home. Until property issues are settled and as long you are still married, both of you have equal responsibility and equal rights to the marital property…unless a judge decides otherwise in the interim.
thanks thats kinda what i figured she just wants to fight me on everything but she cant afford going to court either so we ll see what happens
If she has moved out of the marital home and you have no agreement stating that you are no longer residing there, then yes, you can move back into the home. I suggest that you get a separation agreement drawn up stating that you will remain in the marital home. Inform her that she has a specified amount of time to get her specified items from the home and then change the locks and do not allow her access to the home. Even if she does not sign the agreement you have essentially given opportunity for her to agree or disagree for equitable distribution. Keep records of everything that you have paid. You may never need it, but it’s better to have it if you do.
If she has vacated the residence and there is no restraining order or other order that says you cannot go back to to the house then you can.
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Helena M. Nevicosi
Attorney with Rosen Law Firm
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my wife and i are seperated i moved out of the home she remained there since she made no house payments or any utility bills and has now moved out i want to begin making the payment and move back in can i leagally do this? both of us are on the loan but i dont want a forclosure i would like to get her off the loan eventually she has moved in with another man and i want the home any advice i would appreciate