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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16154
Experience:  Licensed Texas General Practice Attorney
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my husband locked me out of our house this morning , and has

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my husband locked me out of our house this morning , and has changed the locks on the door, because i am trying to divorce him and has got myself an appartment and moved into it yesterday with my kids.
i still have some stuff in the house , including the kids clothing.
i called the police this morning because he won't give me the new key to pick my stuff later during the day. he wants to be in the house before i can come for my stuff.
legally, what he he trying to do to me?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry, could you ask your question again? I see your question as "legally, what he he trying to do to me?" I'm not certain I understand what you're asking there. Do you mean what can he do to you if you enter without his presence? Or are you asking what is he trying to do to you by keeping you out?

ScottyMacEsq :

If you mean what can he do to you, so long as there is not a court order in place that says that one or the other has possession of the property, you can literally get a locksmith and enter the premises. That is, without a court order saying otherwise, it's still the marital residence, and as such, you can enter and remove your items. It would not be trespassing, because you still have a right to reside there. You can literally change the locks on him, etc... and so long as there is not a "breach of the peace" (domestic dispute / violence) then the police won't typically get involved unless there is a court order.

ScottyMacEsq :

Now if you're asking why is he doing this, it's probably so that he could have a stronger position in the divorce. It typically does not work, but that's probably the mindset.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

is it alright to move back into the house untill the divorce is settled, since he is trying to use some kind of "legal" thing against me ?

ScottyMacEsq :

Yes, you could certainly do that. He almost certainly doesn't have any more "right" to the house than you do, absent a court order (unless there's a prenup agreement that you agreed to allow him to have the house). But otherwise, you could move back into the house and tell him if he doesn't like it, he can move out.

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

i tried to let him take the smaller house that we have, so i can stay in this big house with the kids, but he wont. we both decided to sell both houses and share the money equally whilst i take care of the kids in addition , which i dont mind , because they are my kids. i dont even care if he gives me child support because i just want my peace of mind. but as u can see, it doesnt look like am ever going to have my peace of mind. pls help me find a very good female latino divorce lawyer. i need to file today for divorce. i was trying to divorce peacefully.

ScottyMacEsq :

I understand, unfortunately I cannot refer you to any specific attorneys (per the terms of service of this site). I can only answer questions about your issue. I would suggest, however, that you contact either your local bar association or the state bar association referral lines that could assist further.

Customer:

do u suggest i move back into the house with the kids before starting the divorce? how do i contact the local bar association, any phone numbers?

ScottyMacEsq :

That's up to you. What I'm saying is that if there's no order that says otherwise, you CAN move back if you want to.

ScottyMacEsq :

As for the local bar association, I do not know what city you're in, so I can't assist you there without that information.

ScottyMacEsq :

Here's the site for the state bar referral program: http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_

Customer:

euless, tx. 76039.

ScottyMacEsq :

That would be the Tarrant County Bar Association: http://www.tarrantbar.org/

ScottyMacEsq :

You can find the contact information on that first page.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response or rating. Please note that this question remains open until you rate it and click submit. If there's nothing else, PLEASE RATE this question so that I can assist other customers that are waiting...

ScottyMacEsq :

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