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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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My wife and I have been separated since May 11, 2015. We

Customer Question

My wife and I have been separated since May 11, 2015. We both were residents of Pennsylvania. I have since May been residing in Florida and am a resident there and she is still in the house in Philadelphia.
I need to return home to gather some belongings. What are my rights to enter the home? Her lawyer said this in an email to me, "you are not permitted to enter the house and search the premises." Is this true?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I forgot to mention she filed for Divorce on July 12
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

Your answer will depend on a couple questions. If the deed for the property is in both names you are a joint owner. If wife has not received an order from court awarding her exclusive possession of the marital residence or a protection from abuse order prohibiting from entering upon the property then you have every right to enter into your jointly owned property. If there was an order giving her exclusive possession or a protection from abuse order I believe her attorney would have said so. My advice would be to gio when you know she's at work or definitely not home. If she's always at home I would make arrangements with a private constable to be present with you and make sure you have a copy of the deed with you showing you are an owner. It is impossible to trespass upon your own property.

Customer: replied 1 year ago.
We are jointly on the deed. She will be away but her son-in-law will be there to "let me in". Is there some document I can print out to prove what you are saying?
Expert:  mmdesq replied 1 year ago.

The document you would need would a copy of the deed showing your joint ownership. If you are a joint owner it would be on her to establish that your access is restricted.

Expert:  mmdesq replied 1 year ago.

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