The marital residence has been vacant for over a year. Not one person has lived in it.

If the order says that the house goes to one party then I don’t think the other can move back in without a change in the existing order. Sorry.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.

The wife moves out, but leaves all belongings except clothes since she had no room for it, with small talk about reconciliation, and him making 3 day weekend visits (once a month)to her house with family 300 miles away. This goes on for 5 months. 2 months later before 1 year date husband moves into new bigger house with a new woman and her 2 kids. Wife is still living with family struggling to make ends meet. Can she go back to her old house? There is an order saying he will pay ed and she is to quit claim, but it has been 1year and 5 months since he was to start paying her ed(still not 1 dime). A contempt motion was filed(By her) followed by a rule 60 by him. This caused the contempt to be continued. It has been almost a month since the rule 60 and the judge has still not made a decision. Therefore she can not get her contempt heard. What can she do? Can she move into the vacant house? The 2 children are still sharing a room. It has been almost 2years since seperation and 10 months since divorce.