Afraid so…that’s the chance you took when you left the house! If you try to go back after being warned not to, you can be charged with domestic criminal trespass so be careful!
When in the separation agreement, make sure it does not state that he will retain “possession” of the house. If it says he will remain the occupant of the house until he refinances. This prevents him from barring you from entering the house with a police escort. If he retains possession, he says when you can enter to remove your items.
Once you move out of a residence and separate, regardless of whether you have signed a separation agreement, your spouse has the right to change the locks and keep you from the residence. You did not abandon the property or give up rights to equity in the property, however, your spouse can keep you from entering the property until a court determines property division.
Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I left the residence 15 months ago. Haven’t filed for divorce yet, but husband has changed locks on door. House is in my name with him as co signer. He states he doesn’t have to give me a key because I have no business there since I “abandoned” the house. Is this legal?