QUESTION
Can my husband keep me from entering our house?
Asked on May 05th, 2013 on Divorce - California
More details to this question:
My husband and I had a fight. I left for the night. When I returned the next day, he forced me to leave and refuses to let me in my home when he is not there. Can he do that? Is that legal? What rights do I have?
5 ANSWERS
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Are you on the title? If so no he cannot. Is that the marital home? If so he cannot This said.
Answered on May 06th, 2013 at 4:38 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You don't have a key? You have the right to possession just as much as he does. But legally, you could always sue to get back in or, probably better, file for divorce and take your half of the house.
Answered on May 06th, 2013 at 4:38 PM
I would assume the house is community property. However, no one party may refuse the other entry or ability to live in the family residence unless there is a court order that states otherwise. This all depends on the factual issues and other details of the fight, but generally cannot refuse entry.
Answered on May 06th, 2013 at 4:37 PM
Without a court order, your husband cannot prevent you from entering a marital residence. If your husband is not present, you should be able to access the home directly, if you have a key. You may also have the right to call a locksmith to grant you access if the locks have been changed. The larger problem is what happens when your husband comes back and you are in the home. You should consider filing for a divorce and for temporary orders that would either give you possession of the home, or at least allow you to pick up your property. The ultimate disposition of a martial residence is an issue to be addressed in the final divorce paperwork.
Answered on May 06th, 2013 at 4:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You should see an attorney to determine what your rights are, but generally, a married party has people rights to ingress and egress of the marital residence unless there is an order of the court to the contrary.
Answered on May 06th, 2013 at 4:37 PM