QUESTION
Can one spouse lock the other spouse out of a closet which has personal items inside?
Asked on Jan 06th, 2016 on Divorce - Nebraska
3 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Is it worth going to the expense of having a judge or jury decide whether he can or cannot? Marital or community property rules differ from state to state, so your state might or might not treat the closet and/or its contents as belonging as much to the wife as the husband. More to the point, a prudent person would more likely protect his privacy by finding a secure place away from the home. And keeping secrets is not awfully healthy for a marriage.
Answered on Jan 12th, 2016 at 3:21 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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I would first inform the other spouse that what they are doing is an unlawful conversion of your property. If they do not release the property then you should consult with the police for assistance. The police may consider locking the property a crime, but they may also treat it has a civil matter. You may have a civil action that you can file against your wife if the value of the property justifies the time and expense.
Answered on Jan 11th, 2016 at 5:22 PM
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If you have the right to be in the home (are married, jointly own or are both on the lease), no. Spouse can break the lock or door and not be held responsible for trespassing, etc. Nebraska is a community property state, regardless of how personal property items are titled, stored, or held. If you have items you wish to keep away from your spouse in such a fashion, you are at the point where you should probably consult a divorce attorney about your rights.
Answered on Jan 11th, 2016 at 5:22 PM