Legal Question in Family Law in South Carolina

leaving spouse

my mom left her husband and the marital residence 2 weeks ago. can she move back in? and what is the time frame for moving back in the marital residence? is there anything he can do to stop her


Asked on 6/15/08, 5:41 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: leaving spouse

Until and unless the Court gives one party exclusive use and possession of the house, then both of them have equal rights to the house, as it is marital property. She can try to return, and he can try to keep her out. Neither one has any more (or less) rights than the other.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 6/15/08, 7:40 pm


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