The husband and wife are divorcing. The marital home is where they both reside. The marital household is turbulent right now. Screaming and fighting are prevalent. One parent chooses to maintain the peace in the home.  One parent finds it best to leave for the tranquility of the household. One spouse is still living together with the children in the marital home. The spouse left with the children says the other one left and continues entering and leaving.  Can my ex, pop in and out of the house just like that?

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What can I do? Your spouse may continue to enter and exit the home. Your spouse can do so whenever your spouse chooses. Unless the court decrees otherwise. What might happen is that your spouse might decide to walk in and rob the house. Start an inventory of all the valuable goods in the house and figure out their value. Count all the things you believe might be sold on eBay. If the items are taken, you are entitled to their worth. Unless the court orders differently, your spouse is free to come and go.

Can my ex-spouse come and go during separation or divorce?

Michigan law does not require a married couple to live apart in separate homes. At least not before they are qualified for divorce. They can continue to live together before the divorce is finalized. They can continue to do so before their assets are distributed. Living together in the same home allows both couples to save money. It allows both of them to create a budget. A financial plan for their upcoming independent living arrangements.

While the divorce is ongoing, it is not at all unusual for married couples in Michigan to cohabitate. They can just be living as roommates rather than as domestic partners. A spouse cannot decide that the other spouse should leave the home. One spouse cannot compel the other to leave the marital home. Not if both spouses have a legal residence there. One spouse cannot have the locks changed and deny the other spouse access to the residence. You cannot even if one of the spouses leaves for a brief length of time—a few hours to a few days. The spouse who has been wrongfully denied entry to the house will probably be able to call the police to get back in. There are a few significant exceptions, though.

For the sake of their family or reputation, some couples continue to live together. They maintain the façade of being a happy married couple. Then there are circumstances where your spouse is unable to go. It becomes a real practical challenge to get them out of the house. Your spouse has every right to remain if you own the house together. 

What if my spouse decides to enter the house and take something?

When a couple divorces, they may decide to move their possessions out of the marital house. Move it to another location. You and your spouse may have different ideas about what is personal property. Your clothing and personal items should not be a concern. They are not available for equal distribution.

Not all you wish to take will ultimately be regarded as separate property. For instance, your spouse might decide to move everything into a new apartment. Pack up the home. This leaves you without a place to rest or sleep. The rooms can be empty when you get home, for instance. If you have children, having to return home to an empty house could be upsetting for them.

Divorce is not a decision that is made on the spur of the moment. You may have been thinking about this for years, months, or even just a few weeks. If you were wise about it, you would have already spoken with a lawyer. A good lawyer would have suggested that you make an inventory of the property’s assets.

You should compile a list of the things in your house based on your present memories. Naturally, images also say a lot. Smartphones should be useful. On your smartphone, you can utilize a video to capture anything in the house. A good pan and zoom should accomplish the task.

You might request that your lawyer submit a motion to have your belongings restored. Or, you can have them brought back to the house. Replace it if return or restoration is not possible, or give enough cash to replace it. Freeze assets without impacting your ability to pay current debts. Freezing assets is the more efficient legal course of action. It is legal for both partners to use joint funds to pay for acceptable charges. Pay for expenses including home payments and child care costs.

Can the court grant me exclusive rights to the marital home during a divorce?

It may be possible for one of the spouses to ask the court to issue an Order of Exclusive Occupancy. This order can specify that only one of the spouses is allowed to live in the marital house. This can be done while the divorce is pending. This type of order may be given in one of two situations. When a partner leaves the marital home and looks for new housing. Or, when domestic violence exists.

The spouse living in the marital home finds it difficult to maintain privacy. and sense of normalcy due to cohabitation. The spouse who is still staying in the marital home may be entitled to approach the court. The court can grant an Order of Exclusive Occupancy. You can get the order if the other spouse has left the marital home and has a new house or apartment. This kind of order might stop the other spouse from accessing the home whenever they want. 

Domestic violence may also warrant the issuance of this form of order. A spouse can use a Personal Protection Order. It may permit the spouse to bar the other spouse from the marital house. 

You should speak with your divorce lawyer if you want your spouse to leave the house. Your spouse may have nowhere else to go or can’t afford to do so. You don’t have to put up with an unpleasant and painful condition every day. There are ways to ensure that everyone has a place to live. No one is in any difficulty if you’re living together. It’s more convenient financially. 

You need the help of a divorce lawyer to seek temporary exclusive occupancy of your house. You want your spouse to leave regardless of whose name is on the deed. Courts that handle divorces are aware of this. Forcing two individuals who don’t wish to live together to do so is unhealthy for everyone concerned.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.