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LADYLAWYER, Lawyer
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My husband and I own a house together and are now separated.

Resolved Question:

My husband and I own a house together and are now separated. He is living in the house. He moved in boarders without consulting me after saying I could approve them. We have a little boy that is with him part-time. The boarder changed the locks and will not give me a key to get my remaining things. Was is legal for her to change locks? What legal position to I have as part owner in the house?
Submitted: 5 years ago.
Category: Legal
Expert:  LADYLAWYER replied 5 years ago.

Hi,

 

Is there a lease between your husband and the boarders?

 

 

Customer: replied 5 years ago.
Not that I am aware of.
Customer: replied 5 years ago.
My husband is living in the house as well. There is no lease in place.
Expert:  LADYLAWYER replied 5 years ago.

Hi,

 

The answer to your question is a bit tricky. If you are still an owner of this house, your husband has an obligation to get your approval before he moves any renters into it. You can technically contest the lease, but the renters, as innocent 3rd parties may or may not shown the favor of the court. Still, you are entitled to half the funds from any rental monies. As far as changing the locks, no renters are allowed to do that and your husband should himself be concerned that this has happened as it means he is not permitted to enter the property either. Landlords are allowed entrance to the leasehold under CA statutes for several reasons, including in the event of an emergency. So the renters are in the wrong here. However, as far as you just being allowed enter any time you want to get your property, you would not be allowed to do that whether or not they changed the locks. You should work out a time with them to pick up your things while they are at the property--you are entitled to these things a they are not allowed to keep them from you. You can deal with the changed lock issue later. If you want to pursue that, you can file a claim against your husband and the renters in small claims court.

 

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LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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