right to the house?

[rosegdrose]

Hey Socrateaser, just a few quick questions.

My husband and I have been separated for a 3+ months. I have sinced changed the locks on the doors so that he can't come take anything without me knowing. So my question is

1. Am I in the wrong for doing that?

2. Does he still have a right to come into the home, even though he longer resides there, since we're still married? (I filled for divorce beginning of October).

3. Would he get in trouble by the law if he got a locksmith to open the door when I wasn't there?

I have no problem with him getting his things, but I don't want him in the house when I am not there. Thanks.

[socrateaser]

>1. Am I in the wrong for doing that?

Not enough facts for a legal determination. As for being morally wrong, I don't make value judgments -- just legal interpretations.

>2. Does he still have a right to come into the home, even
>though he longer resides there, since we're still married? (I
>filled for divorce beginning of October).

If his name is on the deed, and you don't have a restraining order preventing him from returning, then he can not only return to the home, he can have the locks changed again and lock you out.

>
>3. Would he get in trouble by the law if he got a locksmith to
>open the door when I wasn't there?

If no restraining order and his name is on the deed, then "no." Otherwise, maybe "yes," but not enough facts for me to state a reliable opinion.

[rosegdrose]

my name is the only name on the note and the lot rent. I am concerned that since he's D.L. prolly stills states the house address, that that is what he coud use to have to locksmith open the house; as proof that he lives there.

What other info do you need to know?

[socrateaser]

>my name is the only name on the note and the lot rent. I am
>concerned that since he's D.L. prolly stills states the house
>address, that that is what he coud use to have to locksmith
>open the house; as proof that he lives there.
>
>What other info do you need to know?

I'm not familiar with the term "lot rent," but if you mean that you're living in a manufactured home and that you lease space in a mobile home park, then the question becomes: Is your name alone on the certificate of title filed with the department of motor vehicles?

If yes, then you have sole legal control over the property and you can call the police if he trespasses on your premises.

However, there may be law in your jurisdiction which provides a husband with the right to enter the family home, absent a court order to the contrary. So, if you want to be sure of your legal status, then you need to ask the court to issue a temporary order concerning the home, so that you can show it to the police in the event of a dispute.

[mistoffolees]

>>2. Does he still have a right to come into the home, even
>>though he longer resides there, since we're still married?
>(I
>>filled for divorce beginning of October).
>
>If his name is on the deed, and you don't have a restraining
>order preventing him from returning, then he can not only
>return to the home, he can have the locks changed again and
>lock you out.
>

Does that change at all if there's a verbal agreement that one spouse is going to keep the house, but nothing has been finalized yet?

[socrateaser]

>
>>>2. Does he still have a right to come into the home, even
>>>though he longer resides there, since we're still married?
>>(I
>>>filled for divorce beginning of October).
>>
>>If his name is on the deed, and you don't have a restraining
>>order preventing him from returning, then he can not only
>>return to the home, he can have the locks changed again and
>>lock you out.
>>
>
>Does that change at all if there's a verbal agreement that one
>spouse is going to keep the house, but nothing has been
>finalized yet?

No, under the Statute of frauds a contact for the sale of real property must be in writing, or it's generally unenforcable.