I left my husband 2 months ago and still need to get things out of the house. My name is XXXXX XXXXX the mortgage but is on the deed. Can he change the locks and kept me from entering the house to get my other things. The last time I went by there he called the police and said that I was starting trouble and they made me leave. He ignores all request to come by and get my things. No divorce proceedings have started yet, neither can afford a lawyer. We live in Henrico Virginia, what are my rights to entering the house right no
State/Country relating to question: Virginia
sending him an email requesting a day and time to enter and pack, and then a day to move it out. no response
Hi,My name is XXXXX XXXXX X'X be happy to answer your questions today. I'm sorry to hear about your situation. We have recently implemented a new payment and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not whether the answer supports your legal position. Choosing either of the low two options reflects poorly on me (and not the law), and ensures that I receive no credit for my time in helping you, so please do not choose either of these options without first giving me the opportunity to address your concerns by clicking the "reply" tab. I appreciate your patience while we adjust to the new system.You can try calling the police to let them know that you have been locked out of your home and asking them to do a "civil standby" while you go to collect your belongings. If you just show up, you run the risk that he'll have try to have you removed as a trespasser. If you can, get a copy of the deed to show that you are, in fact, an owner of the house. That's probably the easiest and best way to get into the house to get the items you need. The other option is to go ahead and file for divorce, and also write a Motion asking the judge for permission to enter the house at a specified date and time to get your belongings. If you have a court order allowing you access to the house, he has to agree (and, again, the police will likely go with you if you believe that you need protection). At that point, if he won't let you in, he's in violation of the court order, and he can be fined for Contempt of Court. He also would be ordered not to touch or dispose of any of your belongings before the set date and time for pick-up.Please remember to rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - if not, please click "reply" so that we may continue the conversation. Good luck.Lucy, Esq.41107.6802055208
you still don't tell me what rights I have to go into my own home without police being involved. I can't afford a lawyer to start divorce proceedings I just want to know my rights as the homeowner to have access
If your name is XXXXX XXXXX deed, you have a right to access the premises, because you're the owner and there is currently no law or court order that stops you from entering. You could call a locksmith and ask him to open the doors. But, really, the best way to keep the peace is to have the police there with you.
Attorney with experience in family law.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).