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  1. #1
    Join Date
    Nov 2017
    Posts
    2

    Default Can a Spouse Who Left the Home Still Walk in Anytime He Feels Like It

    My question involves a marriage in the state of: VA
    My spouse left the home over a year ago. This was 100% his decision, at the time I begged him to stay but he wanted to pursue another woman and get a cat. Since he has left, I have agreed to let him come into the home with advance notice to pick up belongings, see the kids, etc. I have never turned down a request from him to do this.

    But lately he has been walking in and "saying hi to the dog" and picking up his mail, etc, when I am not home. He still pays the bills. I have asked him to please give me a heads up before entering the home as I feel this is an invasion of my privacy. He says it is his right to walk in and out as he sees fit, and that this request on my part is an example of me emotionally abusing him. He also responded to my request by saying that I should plan to start vacating the home on weekends so he can have more time there.

    When he first moved out I consulted a lawyer who told me I could change the locks and not let him in at all. I did not do that. However that was a year ago and other divorced friends have been telling me that my lawyer is incorrect. I did not hire this lawyer and it is $350 to consult with any lawyer around here, all I have at this point is this one question. Does he have the right to walk into the home he vacated without any advance notice?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can a Spouse Who Left the Home Still Walk in Anytime He Feels Like It

    Quote Quoting fotok
    View Post
    My question involves a marriage in the state of: VA
    My spouse left the home over a year ago. This was 100% his decision, at the time I begged him to stay but he wanted to pursue another woman and get a cat. Since he has left, I have agreed to let him come into the home with advance notice to pick up belongings, see the kids, etc. I have never turned down a request from him to do this.

    But lately he has been walking in and "saying hi to the dog" and picking up his mail, etc, when I am not home. He still pays the bills. I have asked him to please give me a heads up before entering the home as I feel this is an invasion of my privacy. He says it is his right to walk in and out as he sees fit, and that this request on my part is an example of me emotionally abusing him.
    If it is the marital home and he is an owner of the home then he has the right to be there. However, I would have laughed in his face about the "emotional abuse" part.

    He also responded to my request by saying that I should plan to start vacating the home on weekends so he can have more time there.
    I would have also laughed in his face about that part too.

    When he first moved out I consulted a lawyer who told me I could change the locks and not let him in at all. I did not do that. However that was a year ago and other divorced friends have been telling me that my lawyer is incorrect. I did not hire this lawyer and it is $350 to consult with any lawyer around here, all I have at this point is this one question. Does he have the right to walk into the home he vacated without any advance notice?
    Its time for you to file for divorce or legal separation and to ask for exclusive use of the marital home.

  3. #3
    Join Date
    Nov 2017
    Posts
    2

    Default Re: Can a Spouse Who Left the Home Still Walk in Anytime He Feels Like It

    I am not trying to get divorced or to keep him from using the house, I just want to know in advance if he is going to be here.

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Can a Spouse Who Left the Home Still Walk in Anytime He Feels Like It

    Then you should be happy. He told you start vacating the home on weekends so he can have more time there.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can a Spouse Who Left the Home Still Walk in Anytime He Feels Like It

    He is not required to notify you.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can a Spouse Who Left the Home Still Walk in Anytime He Feels Like It

    Quote Quoting Dogmatique
    View Post
    He is not required to notify you.
    I agree. Would it be the polite thing to do since he hasn't lived there for a year? Yes, of course it would be the polite thing to do. However, the polite thing to do and what is required legally are totally different things.

    However, again, I would laugh in his face about you leaving the house so that he can use it on weekends, because that is absolutely absurd.

    However its equally absurd that you are not "looking to get divorced" when your husband left you a year ago.

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