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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
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Experience:  Family Law Attorney
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my wife recently left me for another man. she left the house,

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my wife recently left me for another man. she left the house, kids and all the bills as well. as well as credit cards which she forged my name to attain and ran them up to 24,600(combined) in my name. she hasn't been to the house other then for clothes in almost 3 weeks.... here is my question, she wants to come to the house this weekend with a group of friends and start taking things out of the house(tvs and furnature). there is no divorce papers or any kind of legal things done yet since it happen so soon. my question is 1. can she just come and take half of the furnature? and 2. do I even have to let her back in the house with no paperwork whatsoever?

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.

LADY LAWYER :

Here's the thing about the marital home: you each are considered to have free access to it unless and until a court says otherwise. You can change the locks and attempt to keep her out of the home, but if she goes to a judge, he could order you to let her back in. What's more, if she finds a sympathetic cop, they could make you allow her back in to get her stuff without any court order. I have seen where the cops will just allow the spouse to take out things that definitely belong to him or her and I have seen where they have allowed furniture to be removed with no real way of knowing who owns what. The cops should not get involved in these things, but they do, and unfortunately, if they do, you can run the risk of being arrested if you do things contrary to what they are ordering you to do.

LADY LAWYER :

The botXXXXX XXXXXne is that you are not supposed to lock a spouse out of the marital home; however, it is done all the time and unless a cop or a judge orders you to let the spouse back in, you won't be arrested for not doing so.

LADY LAWYER :

Even if your spouse is allowed back in and takes furniture, you need to keep track of what she has taken. You can do this by going through the home and photographing or taking a video of everything. Later you can use this to show the court what she has and it will help determine the value of it.

LADY LAWYER :

I cannot tell you to change the locks in a situation like yours, but I can tell you that many people do and it definitely deters the other spouse from coming over and retrieving anything until a court says they can.

LADY LAWYER :

Please let me know if you have any further questions about this--I am happy to answer them! If not, would you kindly leave a positive rating for me at this time? It costs you nothing further to do but it is the only way the site will give me credit for my time. Thank you!

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