I am living at my fathers house, currently sleeping on his sofa. All my belongings are stored at the marital home. My wife has changed the locks and is refusing me access to the property. Can she do this? My name is still on the lease. Do you know any good sites about divorce?
2006-09-11 05:41:07 · 22 answers · asked by moonyangeleyes 1 in Family & Relationships ➔ Marriage & Divorce
she can not stop u having access to ur house as ur names on the lease, she has to let u come in by law,
i went though the same, she is not allowed to do it
2006-09-11 05:46:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Legally if your name is on the lease then she has no right to stop you entering your own home. She is not allowed to change the locks by law but it still doesn't stop people from doing this. I know someone at work who went through exactly the same thing as your are. His ex-wife changed the locks, stop his access to his kids and even had arrested for being on his own land. I would tread very carefully but as you should already have a divorce solicitor you should tell them what she has done and they will be able to help you in a legal capacity. Good luck.
2006-09-11 05:54:37 · answer #2 · answered by GaryUKB 3 · 0⤊ 0⤋
In The UK once you move out of your home you no longer have right of access, my husband & I shared a house with my mother, we legally owned 2/3 and she owned 1/3, due to her behaviour towards us we moved out but continued to pay the mortgage, even though all our belongings were in there we were not allowed access because we had moved out, she even sold all our furniture which we couldn'd do anything about as we no longer had the receipts of purchase and all our clothes she put outside, which were obviously ruined. She even put the house on the market without our knowledge. You need to seek professional advice as a matter of urgency. Good luck.
2006-09-11 11:38:54 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think she can only do that if you're a violent nutter!
I had the same when i split with my ex, who was a violent, stalking nutter, and I couldn't ask him to stay away from the house until I'd been to the police & solicitor and got a harrassment order.
He was coming into the house in the middle of the night, when i was asleep, and moving things round, checking my phone etc....... and the police couldn't do anything without the harrassment order. Hey! I don't want to be giving you ideas!!!
Good luck!!
2006-09-11 07:54:28 · answer #4 · answered by NJP 3 · 0⤊ 0⤋
The law may vary from state to state. But if she has a restraining order or protective order against you, you're not allowed any where near the property. You need a lawyer. See what he/she advises you. I would think that you could get your belongings back if you had a member of law enforcement with you. Good luck.
2006-09-11 05:54:16 · answer #5 · answered by sparkie 6 · 0⤊ 0⤋
This happened to my hubby (last time he was married) And yes she can do it because you have left the home you would of had more of a say in things if you had stayed there. I know its not always this easy when you are splitting up with someone!! But as far as the law sees you have left her. You will probably only be able to sort out a possessions list as part of your divorce hearing now. Good luck
2006-09-11 05:46:31 · answer #6 · answered by kerrylonglegs9 2 · 0⤊ 0⤋
i was in similar situation, my ex wouldnt allow me any of my items from house.
i got the police to go with me and he still refused to allow me to have my stuff.
i had keys to the house so went there when he was supposed to be at work but then found he'd changed the locks. i tried breaking into the house (this is not illegal as it was my house and my name was still on deeds). He turned up and hit me so the police were called, again i still didnt get my stuff and he got away with hitting me even though there was a history of domestic violence.
i eventually got my stuff but it took me about 12 months through a solicitor.
i suggest you write to her listing the items that you would like from the property but only ask for your personal items, i.e. clothes. If you have children then you will not be able to take items of furniture cos of the children.
best of luck
2006-09-13 22:15:33 · answer #7 · answered by Mizz Julie 3 · 0⤊ 0⤋
No, of course now not. It's marital property in Canada. She desires to evict you and search a authorized Separation. You must see a legal professional and defend your rights. Hopefully you have not been a bad man??
2016-08-09 14:10:22 · answer #8 · answered by spies 4 · 0⤊ 0⤋
If your name is on the lease no legally she can't. However if you re-entering the property may lead to a disturbance she can 1. call the police who will remove you. or 2 get a non-molestation order that would stop you getting entry. She must however return your property. If she damages your property you may call the police and have her dealt with by criminal proceedings.
2006-09-11 06:23:55 · answer #9 · answered by Ashley K 3 · 0⤊ 0⤋
you'll need to go to court for access to your belongings.
even going to the police won't help as they can only accopmpany you to the property they cannot force your missus to allow you access.
if your names on the lease then why not call the joiner when shes out and say uve locked yourself out and gain access that way, it can't be illeaal if your names on the lease. x
2006-09-12 08:21:15 · answer #10 · answered by Girl From Mars 3 · 0⤊ 0⤋