My wife moved out 4 months ago and established a new residence. We still share the children-similar to a divorce. She is on the deed and mortgage. She wants to move back in. I do not want her to move back, since she continues to see the guy she cheated with. Does she a right to simply move back in? I have already changed the locks. Thanks

Are you legally separated? If not it is as much her house as it is yours. So yes she can move back in.

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Originally Posted by stinawords

Are you legally separated? If not it is as much her house as it is yours. So yes she can move back in.

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Absolutely unless a Court Order stops her. You can argue that she can't come back in but she can't be kept out. The Police, if you're thinking that route, won't get involved in this.

What do you intend to do in the long run? Divorce, separate, get back together if she drops the boyfriend?

Thank you for the info. She was been very erratic. I'am concerned will she move back in and then call 911 to get me out of there. I am planning to contact legal representation ASAP.

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Originally Posted by entmd

Thank you for the info. She was been very erratic. I'am concerned will she move back in and then call 911 to get me out of there. I am planning to contact legal representation ASAP.

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The only way to get a party out of a marital residence is by Court order, including a restraining order. Make sure she's not setting you up.

I would get an Attorney immediately.

Again - what are your long term plans? Make it work? Divorce?

She moved out and established a new residence. This should be sufficient grounds for you to get a separation agreement in place that may keep her out of the house. But you need to make it legal.