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But even if one spouse has moved out, he or she is not entitled to come-and-go at will.
Rather, there must be adequate and reasonable notice given of any intention to return, for example to retrieve any personal property that has been left behind.
If a spouse brings a home with them into the marriage and that home becomes the family residence, then the law deems it to be the matrimonial home, even though that spouse held title and was the home’s registered owner prior to marriage. Once a home is designated a matrimonial home, both spouses are equally entitled to possession of it upon separation.
In fact, both spouses will have a right to actually live in the home until a resolution on possession of the home is reached.
For obvious reasons, however, this is usually untenable because most separations occur under very high-conflict, emotional-charged circumstances.
To give the most common example, there may be a mortgage on the home, which the bank can realize upon if it goes into default.
When couples separate, there are many issues that they have to tackle, one of which is what to do with their home.