If the separation agreement permits it, or you are there to visit to minor children, you may be there.
Otherwise, you may not. Whether or not your name is on the deed is immaterial.
If you moved out to another residence and he changed the locks, the you may be subjected to prosecution under Domestic Criminal Trespass if you reenter the residence without his consent. Technically, he has to tell you not to come back to the residence in order for you to subject to criminal liability, however he may be able to successfully argue that changing the locks is an indication he does not want you to return. In my opinion, it is not worth the risk.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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My husband and I have been separated for 9 months. A couple of weeks after I moved out, he changed the locks on the house and did not give me a key. Do I still have a legal right to enter the residence with out him being there? I have a key which my son gave to me. My name is still on the deed of the house.