I am married & separated from my husband he has moved out of the house that i owned before we were married can he come home?

The answer is probably yes. Absent domestic violence or any other breach of the peace, police officers will be hesitant to remove him against his will, absent a court order for your exclusive possession of the residence. You may wish to commence your action for a formal separation or a divorce and within that action, seek a court order barring his return. But he never has a right to "take over". THE ANSWER PROVIDED is for general informational purposes only. This attorney does not intend to give legal advice. Evaluating the statutes and case law, as well as any relevant court documents together with a more detailed factual analysis could result in a different response. The attorney does not intend to create an attorney/client relationship by the response. Anyone seeking legal advice should always consult with retained legal counsel for a full evaluation of their claims.

If the house is titled in your name only and he has moved out, you could change the locks. Make sure that all the utilites are in your name only. If he breaks into the house, call the police. Be prepared to show the police your real estate mortgage title and copies of utility bills in your name. The police would have the discretion to ask him to leave since you are living separate and apart.