He will leave, but what happens when he returns? South carolina

[stillstanding30]

What is the name of your state (only U.S. law)? SOUTH CAROLINA

i am currenty married, i caught my spouse being unfaithful and have decided to cut ties. it will take awhile for me to file devorce and right now he will not leave my home (the house is in my name) now im sure that when he decides he wants to do something he knows he cant do he will say he going to leave get missing for a few days and then show back up to my house wanting back in, so i had a few questions....

can i use that to help me?

can he come back after he's left and i legally have to let him come back to live in my home?

is there a time period he must be gone to warrent abandonment?

i think him being here is going to cause a bad situation for me and i rather it not come to that or worse me having to leave my own home.

i kinda read up on this subject on the forums but didnt really find any info on a returning spouse.

thanks in advance for any help

[mistoffolees]

Originally Posted by stillstanding30

What is the name of your state (only U.S. law)? SOUTH CAROLINA

i am currenty married, i caught my spouse being unfaithful and have decided to cut ties. it will take awhile for me to file devorce and right now he will not leave my home (the house is in my name) now im sure that when he decides he wants to do something he knows he cant do he will say he going to leave get missing for a few days and then show back up to my house wanting back in, so i had a few questions....

can i use that to help me?

can he come back after he's left and i legally have to let him come back to live in my home?

is there a time period he must be gone to warrent abandonment?

i think him being here is going to cause a bad situation for me and i rather it not come to that or worse me having to leave my own home.

i kinda read up on this subject on the forums but didnt really find any info on a returning spouse.

thanks in advance for any help

It's really quite simple. It's his house, too, and he has as much right to live there as you do until you get a court order stating otherwise.

File for divorce and ask for temporary possession of the home (assuming you can afford to keep it).

[stillstanding30]

afford it? the home is in my name and he doesnt have nor think he needs to have a job, he cant afford to stay here or anywhere else which is why he wont leave. but you may have missed my question. im not disputing his right to be here the fact that he is still in my house shows i will aware of the laws regarding that.

i know that one spouse can agree to leave the home on his/her own...my question is does that person have a right to return to the home AFTER they have agreed to leave?

[Ohiogal]

Originally Posted by stillstanding30

afford it? the home is in my name and he doesnt have nor think he needs to have a job, he cant afford to stay here or anywhere else which is why he wont leave. but you may have missed my question. im not disputing his right to be here the fact that he is still in my house shows i will aware of the laws regarding that.

i know that one spouse can agree to leave the home on his/her own...my question is does that person have a right to return to the home AFTER they have agreed to leave?

Yes they do as long as you two are married and there are no court orders stating otherwise.

[mistoffolees]

Originally Posted by stillstanding30

but you may have missed my question.

Missed your question? Hardly. The first paragraph in my response answered it. Let me repeat it for you:

"It's really quite simple. It's his house, too, and he has as much right to live there as you do until you get a court order stating otherwise."