Out spouse


Greetings. If she needed the food, you may want to reconsider your position.

To answer your question directly though, yes, she can come back to the marital residence until you advise her (preferably in writing) that she cannot come back or she will be committing domestic criminal trespass. Now, if she is living on the street, then you should let her back in or help her find a home (I only say this because most people come back for furniture, artwork, pets, or other property and not food). Thanks

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

I have been sperated with my wife since 11-10-04 today she came to the house and went to the garage to take food out can she legally do that. I took the food away from her and put it back and told her that she can not do this and she got very mad and gave me a few signs with her fingers and she walked off.