In the beginning stages of divorcing..no papers filed that I know of yet...3 kids..2 still at home with me..kids and I are going out of state for 1 week...he wants to stay in 'the house' that he moved out if 3 weeks ago while we are gone..I say no..he says too bad..if you don't like..find somewhere else to live and I will move back in perminately...CRAZY or what? Do I have the right to change the locks to keep him out? Both names are on the house...any suggestions? We are leaving this week...
2007-10-14 16:54:36 · 14 answers · asked by Stephanie 1 in Family & Relationships ➔ Marriage & Divorce
Hate to tell you this, but he has every right to move back in. His name is on the deed, and if you change the locks, he has every right to kick the door in, if he feels like it. You can't be charged with breaking and entering on your own property. (In Missouri, anyway. Don't know about your state.) Since no papers have been filed, there is no legal status for dispute. Sorry.
2007-10-14 17:02:58 · answer #1 · answered by Randy R 1 · 0⤊ 0⤋
I think you go to family court and file a restraining order or some kind of order to keep him out. If you are unable, it is okay because the judge will not look kindly on a controlling spouse who leaves the family, coming back in and taking over.
Your question is unique and hard to find help with. Call a family law/divorce attorney and ask them. The first call is usually free.
2007-10-15 00:02:40 · answer #2 · answered by whereRyou? 6 · 0⤊ 0⤋
Wow, I don't really know the answer to that one! But I have heard whoever is in the house when the divorce is final usually gets the house, however, I don't know if that's true. I was a stay at home mom when I got divorced & I was in the house & he had moved in w/ his girlfriend & I DID get the house, but I don't know if that's why? Call a lawyer, they will usually answer a question for you like that over the phone for free...Good luck! Hang in there!
2007-10-14 23:59:50 · answer #3 · answered by ♥bigmamma♥ 6 · 0⤊ 0⤋
You cannot legally change the keys to the house as long as it belongs to the both of you nor can you stop him from staying in the house.
There is not much you can do here in the situation at all but let him back in. If you decide to go ahead to file the papers, your attorney will advice better.
2007-10-15 00:01:34 · answer #4 · answered by Romi 2 · 0⤊ 0⤋
Call a lawyer. This is a tricky one. You can make a case for changing the locks since he moved out...but I would get a restraining order before you leave. Then if he does move back in he will go to jail for violating the restraining order.
2007-10-15 00:01:46 · answer #5 · answered by TotallylovesTodd! 4 · 0⤊ 0⤋
Get a lawyer now. Do not leave. Do not change the locks.
What will happen is that you will have abandoned the house and now its in his possession. Cancel your trip or you will be sorry. Talk to a lawyer right away. Hopefully you will understand the mistake you are about to make and will stop your actions. Its his house, he doesn't have to leave. He's not crazy, he's being smart and I'm betting he's talked to a lawyer. Now you be smart and talk to one yourself. Good luck.
2007-10-15 00:01:16 · answer #6 · answered by tjnstlouismo 7 · 2⤊ 0⤋
Uh YEAH, I have a suggestion. You'd better not be going out of town this week.
2007-10-15 00:05:41 · answer #7 · answered by Chiksita 4 · 0⤊ 0⤋
i think since both your names are on the house he has equal right to stay in it whenever. except maybe if you are paying him rent or something.
2007-10-15 11:24:32 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It's in his name too. Be the adult here and let him stay. If he gives you grief about leaving when you get back, cross that bridge then.
2007-10-14 23:59:44 · answer #9 · answered by kttphoenix 5 · 0⤊ 1⤋
You can change them legally but he also can break in legally.... if you had grounds for an order of protection then that would stop him
2007-10-15 00:00:23 · answer #10 · answered by DavidV 3 · 0⤊ 1⤋