Does Husband have Rights!

You can tell your spouse not to come to the house (preferably in writing, keeping a copy) and then he can be prosecuted under the domestic criminal trespass statute if he comes to your home without permission.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
(919)787-6668

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.

Spend about $10 change the lock and if he tries to come in call the police,(somebody trying to break in my house because I’m the only one with the keys)

Remember that sometimes you cannot change the locks. It is a case by case analysis. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.

My husband has left the home over three weeks now and is staying with another woman and her two kids. I am trying to work with him on visitation with our kids. He knew that he was to pick two of our boys up earlier, to go to a birthday party. He did not call me earlier to let me know exactly what time he would arrive or if he was still taking them, he waited to call me on his way to get them in 30 minutes. I did not have the kids ready yet. When he arrived I was still getting my youngest son dress, and told my other son to tell him to wait outside and they will come out when ready. This is because of his cruel verbal conversations with me earlier off and on, and the fact that he has physically abuse me, if he does not get his way. He insisted on coming in, saying he had to talk with me, as far as I am concern his conversations with me or about me are very cruel and he is still being controlling. I did not want to talk, but just keep things calm by letting him get the boys and go. He went back to his car and my son looked out the window blind and said he was coming back with a key in his hand. I went to the door and show enough he was trying to open the house door, he had already given me the house key he had, and I asked him if he had another key, he said he did not. Now I know he was lying to me, so I hold the top lock so he could not get in. My nephew came over and started talking to him, to keep him from coming in, then I sent the kids out, without me seeing him. He calls back and tells our oldest son to tell me, which I was listening, that as long as we are separated, and he is still paying the bills, he has a right to come as often and at any time he wants to and he has the right to anything in the house, until I get a lawyer. He wants a Divorce, I do not, but I may file Legal separation as my lawyer tells me the judge might waive the fees being that I am not working, or he would have to pay the fees, and that the court would order him to still pay the bills, being that he was paying for them all along, being that he wanted me to stay at home and not work.

He has made his home somewhere else, and was still calling me and harassing me. Does he still have all rights to come to the house me and my kids are staying in, any time he feels like it just because he pays for it? I am upset the way he did not work with me on this, and the way he is always trying to control me. He is using threatening words like he always does, saying I will have to talk to him at some point, but then he may not want to talk to me then. I am tired of his childish games.

Being that I will not be able to talk to my lawyer until Monday, I would appreciate some advice on if I am right or is he right.