Can I get my stuff?


#1

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.


#2

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.