QUESTION
When a married couple separate, can the spouse who moved out have access to the home and get anything before or after the agreement is signed?
Asked on Dec 30th, 2012 on Divorce - California
10 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Unless there is a court order or a separation agreement giving exclusive use to the occupying spouse and/or prohibiting removal of items, the other spouse can go into the house and remove items.
Answered on Jan 09th, 2013 at 12:45 PM
Unless there is a court Order or other restriction, there should be no problem occupying a residence you own or are on the lease.
Answered on Jan 09th, 2013 at 12:44 PM
Marc John Weinpel
If a divorce has FILED there is an automatic restraining order issued and you can't - if no divorce filed or order prohibiting you from removing stuff , the yes!
Answered on Jan 09th, 2013 at 7:48 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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It is wise to give notice to your ex and request a time convenient to both of you.
Answered on Jan 09th, 2013 at 7:23 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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unless an order prohibits it or the house is the separate property of the other.? If the invading spouse breached the agreement, enforce the agreement.
Answered on Jan 09th, 2013 at 7:20 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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There is nothing to stop spouse moving back in.
Answered on Jan 09th, 2013 at 7:13 AM
Usually, until the court enters an order either spouse should have open access to their marital home. The fact she left the house means little. What you needed to do was file for divorce and file a motion for sole possession of the home until the court enters a final judgment.
Answered on Jan 09th, 2013 at 6:58 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Unless there is an order preventing it, yes. It is both parties house until the court decides what happens to it.
Answered on Jan 09th, 2013 at 5:47 AM
Yes, access should be provided under an agreement of the parties or monitored by the police depending upon the circumstances.
Answered on Jan 09th, 2013 at 5:47 AM
Immigration Law Attorney serving San Jose, CA
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Ahluwalia Law Professional Corporation
Yes. It can be done one of the following ways: Mutual consent, By calling the police and requesting civil standby or By court order. I presume you were asking for mutual consent part however you do have the option of calling the police and requesting civil standby if consent is not given. If there is already a separation agreement, then the provisions of written agreement will control.
Answered on Jan 09th, 2013 at 5:45 AM