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Old 05-23-2006, 06:43 PM
Dante_66 Dante_66 is offline
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Join Date: May 2006
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Default Return to Matrimonial Home?

6 months ago I moved out of the matrimonial home. I was called at work and told that my belongings (clothes, etc) were in the driveway. I went and picked up my things and left the home, not knowing any better.

Just afterwards, I was laid off at work and ended up sleeping in my office where I work for a couple of weeks then accepted a room in a friends home. I continue to pay the debts I took when I left the home, have paid child support monthly since leaving the home, have vehicle and insurance payments etc. Basically I cannot not afford at this point to cover the costs of renting an apartment or home.

I have an excellent relationship with my children, ages 7 and 1 year old and have maintained solid contact with the 7 year old the best I can considering the circumstances of my current place of residence. I feel my relationship with the 1 year old is suffering because I cannot visit with her as much since I don't currently have the accomodations to take her to for visits.

I had lived common law with my spouse for a total of 10 years, the last three of which we were legally married. We had just bought the matrimonial home 3months prior to me moving out. There has never, ever been any instances of abusive behaviour in the relationship. There is no exclusive order of possession in place.

the home has a lower portion with a room which has a separate entrance to the outside, there is a full bathroom, and an adjacent living room. The upper level has 3 bedrooms, kitchen, dining room, living room, and full bathroom.

My question is, can I return to the home and reside in the lower level? Can she prevent me from doing so without an court order for exclusive possession?

Thank You.