Getting in the marital home


#1

Dear Little Red:

Greetings. First, no at this time you cannot break in. Since you have left and moved in to another location and he has told you not to return, you can be charged with Domestic Criminal Trespass (a misdemeanor) if you return. I am sorry to hear that you were not believed by a judge for domestic violence.

Now, your options are that you can file for equitable distribution, post separation support, and alimony. It is never too late for alimony if you have not filed for and received a divorce.

Yes, you may be entitled to half of the Harley if the purchase was made out of marital assets. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
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.


#2

My soon-to-be-ex changed the locks on the house (of which I am on the deed) after an argument where he was abusive. I left and went to the battered women’s shelter. I had no luck with a restraining order (the judge said my bruises weren’t bad enough!!!) and I’ve tried several times to gain access. One time he said to come get my things and when I arrived he called the police who turned me away. The next time he wasn’t home (even tho he had agreed to the date & time) and tried to prosecute me for theft after I salvaged some things from the trash and took some yard ornaments (all I could get). That was dismissed.

CAN I ‘break in’? Should I have the police escort me there? I’ve had terrible luck with attorneys - one took my money without accomplishing anything (sent a letter to the BAR), another decided she didn’t want my case after accepting it, citing she mostly handled child-custody, so I’m in attorney limbo, short of money, without my belongings. I’m living in handmedown clothing, furniture and household goods. Also he has a new girlfriend living in my home to add insult to injury. I’ve been told by one attorney it’s too late for alimony - that I’ve waited too long.

Part 2 - he purchased a $40,000 Harley after I was forced out - am I entitled to half the value of THAT even tho it was purchased after we physically separated? We are not legally separated.

Thanks so much for your help.