Hello! My STBX moved out of our home voluntarily almost 80 days ago. We have children, real estate, a business, etc. He provided me with an agreement that he thought would be sufficient, I disagreed with most of what he said because it left me and our children with absolutely nothing. After informing him that I would be checking with my attorney to see what I was rightfully entitled too, he agreed and said that was okay, that he would give me the money for the attorney and hopefully we could come upon an agreement together without the situation getting messy. However, approximately a week later he arrives at my house to change his mind and tell me he wants to get back together etc. He informed me that he would like to move back in ASAP. If I would have agreed to his terms, we would have a legal separation by now. But because I did not agree, he’s totally changed his tune and says he wants to work things out. I’m not at the point where I want to work on things with him. Now, he says he wants to move in this weekend. The locks have been changed at the advice of my attorney. Is there anything he can do to move back in? His name is on the mortgage. What can I do if he refuses to sign separation papers? Any help is greatly appreciated!
I am not an attorney, but I understand that once he moves out (with or without an agreement) you are free to have the locks changed and not allow him back in. If he comes to the house without your consent I have been told you can file charges of tresspassing.
No, he cannot move back in. If he refuses to sign a separation agreement you will need to file suit for Equitable Distribution, Child Custody, Child Support and Spousal Support if applicable.