How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask FamilyAnswer Your Own Question
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23937
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
9540344
Type Your Family Law Question Here...
FamilyAnswer is online now
A new question is answered every 9 seconds

Five weeks ago I informed my wife that I wanted a divorce.

Customer Question

Five weeks ago I informed my wife that I wanted a divorce. Four weeks later, I packed up only my good clothes and left for 4 days, (I told her I planed to move to Atlanta and was might be moving there). I did travel to Atlanta but realizing my mistake and how much I loved her I came back after four days.
There has never been any abuse or habitual drug problems, ( I have been in AA for 9 years and have not drank since entering the program.) We have been married for 11)
We have agreed to attempt to work things out but she does not want me living in the house -- the property was purchased after our marriage but is in her name.
I agreed to stay out until she is ready to reconcile and she agreed to keep my company tools in the house's garage and use it as a staging area. That could change any minute
My question is multiple faceted:
1. Can she kick me out of the house?
2. She wants all of my belongings out of the house, but I have no where to put them. Can she move my things out? She does not want to store them in the basement because she does not want to see me and stated the boxes are too heavy for her to lift. ---- she already packed things up
3. Since she packed things up, I have no clue if everything is there, - what are my rights?
3. Can she change the locks on the doors? Change code on the garage door opener?
4. Do I have legal right to gain entry to the house?
5. I run a business out of the house, do I have a legal right to continue there?
6. What happens if I change my address? Does that have any bearings on my rights?
I do not want to jeopardize our "recovery" but also do not want to put myself in harms way legally or with alcohol recovery.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
should I keep a paper trail with our agreements via email?
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern.
1) She can not kick you out of the home. The reason why I say this is because that is your martial residence, the home was purchased during the course of the marriage, you have a legal right/interest to it and it is not a situation where you abandoned it. If she wanted you out of the home, it would have to be done through court order.
2)She can not move your things, based upon the reason I stated above. You have just as much right to use the space in the home as she does.
3) If the time comes and divorce is filed, you can certainly go after her to reclaim what is missing and ask that it be replaced or be given the value, if she intentional threw it away or damaged it. This would need to be addressed and documented once you go through the boxes.
4)No, she can not force you out using self help and change the locks or the garage code. As I shared above, if you simply left for a few days to cool off, she can not just kick you out and prevent you from returning to your home.
5) Yes, you can gain entry and demand a key if she does this or go so far as call the police and advise them of the situation.
6) Yes, you can since that is your home and absent a court order, you can live there and work from there
7) No, if you vacate and change your address and live some place else and separate, that is a different story and she could change the locks and prevent you from entering, since you no longer live there.
Based upon what you shared above, it does not necessarily seem like she is willing to work with you, if she not only wants you out but all your belongings. If she was, she would allow you to keep and store items there and work out of the home as needed. You may want to propose certain times when you will need to be in the home and see if she will agree but if not, it is going to be hard to work this out when she is basically telling you to move out and take everything of yours wife you.
Expert:  FamilyAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!