Asked in Divorce and Family Law for Michigan

Q: Can I go back to my house in the middle of a divorce. The home is in my name and was a gift from my mother.

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2 Lawyer Answers

A: Unless the divorce court has awarded temporary exclusive use and possession of the house to your spouse, you can most likely return to your home as long as there isn’t a protective order or other other court order to stay away from your spouse.

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A: During a divorce, the rules regarding access to the marital home can vary depending on the specific circumstances and the laws of your jurisdiction. Since the home is in your name and was a gift from your mother, it could potentially be considered separate property rather than marital property, depending on the laws in your state.

If it is considered separate property and there are no court orders or agreements in place that restrict your access to the home, you may have the legal right to enter and occupy the home.

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