I’m not a attorney but this is how I see it, He cannot remove you from the martial residence, so if he has taken your key then you should find a way to enter your house unless you have been living at another address. And if he sold anything then you are entitled to half of the profit or debt if there is any buit you must prove that he sold it. Play it safe and be smart about the action you take, get the Sheriff to escort you to your home. But as I read what you say it sounds like you are omitting some things, but only you and him know the truth and if you so happened to obtain a Attorney please be straight forward and tell any and everything it will help you but if you leave thing out it will definitely hurt you and you will end up paying much much more to correct the untold truth.
Well…the only thing I failed to disclose is information already gone over in previous quesions and discussions. However, FACT: I have been married to my spouse two thirds of my life, 40 yrs! FACT: We were both occupying different addresses just before or about 2001. FACT: On or just before the end of 2004 my spouse met, fell in love with and moved in the new lady in his life. I’m guessing that’s the main reason he refuses me admittance to the house and grounds, started selling all our furniture and other jointly owned property among just a few odd and surprising actions taken by him without my knowledge. I had hoped that having someone new in his life would make everything easier, smoother and as fair as he talked about being before life changed so dramatically. I suppose having someone in your life who is 20 yrs your junior can cause behavior and actions surprising and unseen before.> He, as I said before, is pushing me to sign separation papers and without seeking some kind, any kind of legal advice. He also wants me to take him at his word that he will make sure I will be taken care of no matter what the content of the papers DON’T say!!! There was a time when I wouldn’t have thought twice about complying, but I have seen, in the last 18 months, someone I don’t even recognize or know. Be that as it may, it doesn’t change the fact that I still have very sentimental and separate personal property in the house, property which he does not mention in the separation papers. Two weeks ago he threatened to file suit for divorce if I don’t sign these papers by the end of June. I’m thinking that would be the best outcome for me. However, I really don’t have a choice. You see I haven’t had to work for the past 20 years. We’ve been very blessed! But now, at 61 and with severe sciatica and other health problems, I am unable to work.> I have faith and hope that I will confront and be able to deal with this head-on collision I now face and, no matter what the outcome, be better for it! Now if I can convince myself of all that, I’ll be doing good???> Anyway, thanks for your input and please excuse my spelling. lostlady
I know that the Sheriff’s department will escort you to your residence to retrieve your property. Make sure that you explain to them the situation before you go so they are aware. Also, try to be courteous to the local law enforcement. If your spouse has changed the locks or you don’t have a key, your want to make sure he is home in order to gain access.
Greetings. How long have you lived outside of the marital residence? The Sheriff may still be willing to help you, but generally once you move out you must deal with all property issues, even separate property or clothing, through the court system. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
Does my spouse have a legal right to bar me from entering into the home and retrieving the remainder of personal property that he has failed to return? After all it is jointly owned.> I kept MY house key on my car key chain and I always had access to everything until 20004. After returning from a meeting & dinner in November I noticed my house key was missing so I immediately phoned and spoke to my spouse and asked about the situation. I was informed in no uncertain terms not to come to the house again AND if I wasn’t smart enough to take him serious, he would have me removed from the property from the property by the Sheriff’s dept.> O.K…not only did he lock me out, he also sold all the furnishings and two jointly owned parcels of real estate property. He did this without my signature, knowledge or POA. Therefore can I expect that he will have to reimburse me for my share of ownership? Also, most of the property still in the home is what I owned before I met and married him. Do I have the right to get it back? Will it take a trip with the Sheriff to accomplish this or do I have to depend on a judge if my spouse follows through with his threat at the end of the month?.> Thanks for your patience. lostlady