My husband and I separated in July of 2017. I remain in our marital home, which we purchased jointly in 2015, along with our children. He has moved into an apartment. Do I have any rights about him being able to enter the house whenever he wants? I’ve asked him to not enter the home without first getting clearance from me since he no longer lives here and has his own residence. He has entered the house without permission or my okay and proceeded to hang out and do other things either by himself or with the kids when I am not there. I am a stay-at-home mom and he pays the mortgage on the house. Do I have any rights whatsoever to maintain the home as an individual without him coming and going as he pleases?
Yes, since you have separated, assuming with the intent to remain separate and apart, then your husband should not be free to come and go to the marital residence, especially if you have made it very clear that he is not welcome at the house. You can change the locks to the house and/or call law enforcement as this could be domestic criminal trespass, a misdemeanor.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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