It might seem unfair to you that your estranged spouse wishes to move back into your home.  In fact, he/she may have already done so without any concerns about your opinion in the matter.  The fact that you are living with your soon-to-be ex again may have come as an absolute surprise to you.  Even worse, the sudden change in living arrangements may be of greater surprise and distress to your children. 

Removing your spouse from the premises is not an easy task.  Afterall, any methods of self-help may very well lead to some type of altercation.  You will likely be in a situation where you will have to file an application in the courts for removal. 

Two important factors courts consider are whether the spouse has voluntarily moved from the marital residence and whether he/she maintains another residence for a considerable period of time.  In other words, has the spouse abandoned the home?  The courts also look at whether an order of removal would protect children and offer children a stable environment.

Given the strenuous financial circumstances most families face today, this scenario could become a reality for you or for someone you know.  Feel free to call our firm for a consultation to discuss your unique situation.