QUESTION
Is it fair to remove my access to our marital home?
Asked on Nov 22nd, 2013 on Divorce - Idaho
More details to this question:
My husband and I are divorcing. He did not want to leave the home so I have taken a short term rental. This was paid for using joint funds. I did not want to put my husbands name on the lease. He felt he should have a key, which I was not comfortable with. I have moved, but a lot of my personal property remains in the house. He wants me to return the keys and sign a contract that says I will not enter the house. He suggests 72 hours notice if I need to pick anything up. Is this fair?
4 ANSWERS
Bruce Provda
You should discuss this with your attorney.
Answered on Nov 27th, 2013 at 3:59 AM
You should obtain a court order to allow you to remove your personal items from the house. You should consult a family law attorney before you make any interim agreements with your spouse.
Answered on Nov 26th, 2013 at 7:18 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You have the right to enter your home and retrieve your belongings. He cannot force you to give up your key and you don't have to put him on the lease on your new residence.
Answered on Nov 26th, 2013 at 7:18 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you have filed for divorce, file a motion to get your things, then arrange a time to do it. Even if you are theoretically allowed to stay in the house or keep your things there, it is just begging for trouble with this guy. Work with your attorney to get your stuff.
Answered on Nov 26th, 2013 at 6:56 AM