Matrimonial home visitation

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My husband and I have recently separated. He volunteered to leave. I live in the home with our 17 year old son. Because it is the matrimonial home my ex wants me to leave the house for half a day a week so he can come in and spend time with our son. My husband has enough money to rent a place until we sell our house next year but is living in his brother's basement about an hour away. While I understand this is the matrimonial home I feel that asking me to leave regularly is not appropriate. I would rather see him take our son out our better still get his own place nearby. He is verbally abusive and I feel too uncomfortable being in the house with him. This may be why or son is avoiding him too. I never reported the abuse and I feel physically safe around him.

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Jennifer M. Long, B.A. J.D.

9 years ago

Although your husband has voluntarily left the home, you both have an equal right to live in the home. Since he has moved out though, he should give you reasonable notice as to when he intends to attend at the home, but you cannot bar him from entering unless you obtain an order for exclusive possession. If your husband attends at the home to visit with your son, you do not need to leave the home while he is there, although you may wish to given the feelings of discomfort you mentioned. I suggest that you consult with a lawyer who may be able to assist you in negotiating an alternative interim access location with your husband.

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