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lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience:  Practicing family law attorney
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My husband moved out of the house in August without saying

Customer Question

My husband moved out of the house in August without saying that he was moving out. He moved in with his mother. She lives in another home that we own, only about 50ft from my house. I was wondering if he has a right to come into what was our house and remove property? Especially if I'm not home at the time! I don't dare to leave my home often because of this. I remember what he did to his first wife when she was gone one day & he had already moved out. Him and his family entered the house and took whatever they wanted and trashed what they didn't want. They suffered no consequences for doing so, because of that I don't think they would be deterred from doing so to me! I need to be able to leave my home without worry when I need to. I am disabled and have appointments that I need to go to. I feel like a prisoner because of this fear. I didn't even dare to go visit my relatives during the holidays. He's always been psychologically & emotionally abusive. He thinks whatever he does is always right and just. He thinks he's above the law! What should I do? Any advice would be appreciated! Thank you!
Submitted: 2 years ago.
Category: Family Law
Expert:  lwpat replied 2 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

I was wondering if he has a right to come into what was our house and remove property?

Yes he does until and unless you file in the family court and ask the judge to award you sole possession of the home. One spouse cannot lock the other spouse out of the marital home.

What should I do?

Contact a local divorce attorney and have him file for a temporary hearing giving you possession of the house. At that point you can have a locksmith change the locks and he would be subject to a criminal charge of breaking and entering if he then enters the home.

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