QUESTION
What can I do if my wife would not allow me to enter my home to get my items?
Asked on May 31st, 2014 on Litigation - California
More details to this question:
My wife and I are separated. I left for a few days for work, I came back and she changed the locks on the house. She said she filed for divorce and I was not allowed on the property to retrieve my items. I have no clothes and no bed to sleep in. So what are some of my options? Should I hire an attorney and file through the court in order to get my items back?
7 ANSWERS
If there is a dissolution action on file then you can file a request with the court for an order allowing you access to the house to get your personal belongings. You should consult a family law attorney or facilitator to assist you.
Answered on Jun 02nd, 2014 at 5:33 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
You may have to hire a lawyer. You could try a civil stand-by, the police send someone to observe what occurs so there is no violence.
Answered on Jun 02nd, 2014 at 4:49 PM
4 Awards
Contact the local sheriff or police department to accompany you to the residence so you can obtain your personal items. She does not have the right to exclude you from the residence unless there is a court order to do so. You have an equal right to the property but considering the situation you may not want to live there. Still, you want to consult with an attorney regarding the situation.
Answered on Jun 02nd, 2014 at 4:47 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Hire an attorney immediately before your wife disposes of any of your separate or community property.
Answered on Jun 02nd, 2014 at 4:44 PM
Arbitration Attorney serving Irvine, CA
at
Law Office of Linda K. Frieder
Update Your Profile
You have a right to your property as long there is no restraining order. If there is not, call the police to assist you. Always consult a lawyer for your divorce.
Answered on Jun 02nd, 2014 at 12:25 PM
Get a lawyer to help you. Otherwise you are clearly being taken advantage of.
Answered on Jun 02nd, 2014 at 11:29 AM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
Hire an attorney. She is not allowed to change the locks and keep you out. However you do not want her to file a bogus restraining order against you for breaking in. You could call police to accompany you to get some items.
Answered on Jun 02nd, 2014 at 9:48 AM