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can I get the locks chanegd

Started by paris, Nov 14, 2009, 08:49:20 PM

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paris

my husband owns the home, it is mortgage but on his name only. He paid for it every month from his money not our money (his account not a joint)
we had a fight and the police arrested him. I didn't get a TRO but the Judge issued a no contact release order so that he would not come back home.
When he goes back to court and the judge removes the conditional order, what can he do?
can he force his way back in the home? if he comes in while I am not here, can he change the locks on me and kick me out since I don't own the home?

any advises are welcome

Kitty C.

You'd be better off talking to an atty. about this one.  Once the judge removes the conditional order, he has every right to enter the home, since he does own it...and it would not be considered forcing his way in.  If he does come back, I guess it would be possible that he could change the locks on you.......but like I said, you should contact an atty. to find out your rights.

JMO, but if it were me, I'd be getting to the bottom of the reason for the mutual fight (you did say 'we') to begin with.......that's a much bigger issue than changing the locks on the house.  Remember that law enforcement is taught on the false belief that ALL males are at fault in domestic disputes, hence the reason why most of them are arrested, no questions asked.  This also includes any situation where the male is the only one sporting the physical evidence (bruises, scratches, etc.).  And to find the stats on that, go to glennsacks.com.

And before anyone decides to lambaste me for being insensitive to domestic violence victims, I've suffered it firsthand myself, having my neck almost broke by DS's father (which is why I left him) and physically assaulted by DH within the first few years of our marriage.  At least DH and I were able to work things out.....
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

paris

do you think I can get a restraining order and prevent him for coming back? I want a divorce but I don't want to leave the home, ...

MomofTwo

You really need to consult a local attorney.  Legally, it is his home.   It very well could be ordered for you to vacate the premises since it is his. 

ocean

You can ask for the RO but that doesnt mean you get to stay in the house. I would make copies of everything (financial records, paytubs, taxes,), take your birth certificate, SS card, pictures, jewlrey. All important things and give it to a trusted friend.

Go talk to a lawyer. Call the courts and see if you qualify for legal aid. He will be allowed into the house. He will have to evict you from the house or have it go through the divorce and there it will be decided how things will be split. Depends if he bought the house before the marriage, how long you were married, and what you contributed to the house. You may be entitled to part of the house and then he would buy you out of your part or trade for other things you own or have that needs to be split. You need to talk to a lawyer becuase if you move out then it will be considered abdonment.