I have moved out of my home in Charlotte due to my husbands affair and alcoholism and I have been gone for approx 4 months. I have an apartment now and all of my things are at the house. My husband is out of town this week so can I go back while he is gone and take what was mine before our marriage and my kids furniture? He is very controlling and I want to avoid conflict at all costs. We do not have any legal seperation papers in a effect. My name is on the house, my address on my drivers licence is still the house. We also still share the joint checking. All I have with me is what I took the day I left which is just my clothes, the kids and some of their toys. I just want to get my things. But I heard once I moved out I cant go back in the house unless I asked him for permission even if we dont have papers set. But I have also heard I can go back and remove my things as long as we dont have legal papers and my name is on the house… which is right? Thanks.
Your husband is entitled to the exclusive use of the home sine you moved out and established a new residence. If you return to the home without his permission, you may be charged with domestic criminal trespass. You must obtain his permission before returning to the home.