Entering marital home after seperation


#1

Once he states he has left the house and has a residence of his own, he has formally separated from you. Therefore, if I’m not mistaken, he cannot simply enter the house whenever he wants–regardless of his stake in the property. Now, in the meantime, since you state you will be separating “next month” then I assume you are still co-habitating, I guess that yes, he can.


#2

Yes, you can change your locks to your house and don’t give him a key and if he comes while you are there go out the back door and leave, and then call the police and tell them whats happining and if he tries to get in thats called breaking and entering then you go to the magistrated and get a restraining order. but first get confirmation from a attorney especially if you think its gonna get crazy between you and the ex.


#3

Dear mytime:

Greetings. No, he cannot come in the home whenever he chooses after he moves out, as long as you send him a domestic criminal trespass letter letting him know that he cannot come by. Yes, he is still half owner, but that is ownership rights, not entry rights. It is almost like landlord and tenant. If a landlord just walked into an apartment while the renters were showering or eating, that would not be appropriate now would it? Same thing here. Just make sure that your attorney sends him the letter.

Yes, after he moves you can legally change the locks also. 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

ROSEN.COM

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.


#4

My husband and I will be seperating next month with me living in the marital home we both own and him in an apartment nearby. He has communicated that he intends to come in the home, which I will be occupying and paying the morgage, whenever he chooses. He states he is still a 1/2 owner of the house and that is his right.

Is he correct?
Can I legally change the locks if he does come in uninvited?