Lock change and mail change


#1

Dear Marlee:

Greetings. I have some questions first: Did your husband move out? Have you told him that he cannot come back? Did you read over the law on domestic criminal trespass?

No, you cannot force him to change his mailing address. I would suggest that you remember that many times the person who no longer lives in the house worries that they are relinquishing their rights to the house if they lose all connections to the home. Best of luck…and I wish you a happy holiday season.

Janet L. Fritts
Attorney with Rosen Divorce
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.


#2

Hello Janet. Yes, I did read over the domestic criminal tresspass laws. I asked my lawyer and she said I could change the locks since he voluntarily moved out 3 months ago even if his name is on the mortgage also. I did tell him not to come over to the house without a phone call and without me being there. His lawyer said I did something illegal by changing the locks. I don’t understand which law books these 2 lawyers are looking at… what is the real law here? This past weekend he cleaned out the garage (he refuses to give me the garage door key back)and broke the lock on the front door. I know because he mentioned the lock was “broken” when he came over the other day to get his things. It was brand new 2 weeks ago when I left for vacation.


#3

Dear Marlee:

Greetings. You were justified in changing the locks, since he had taken up residence in a new location. If he came over to the house without your consent and took stuff, I would file a domestic criminal trespass action against him by going down to your local magistrate and having them charge him. That should stop him from coming over again and possibly change his cavalier attitude. Best of luck.

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

ROSENDIVORCE.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

I had the same mail problem…my spouse wouldn’t fill out the address forwarding kit I gave him. Hey, I wouldn’t have minded his mail coming to my house if his cell phone bill was among the items…funny how he could have that one bill sent to another address!!! (Wouldn’t dare give me an opportunity to find out how many times a day he calls his mistress!!!) So I discussed the problem with my local postmaster. You can not do a mail forwarding form for someone else but you can ask the postmaster to hold the other person’s mail. That’s what I did and now I can’t be accused by my spouse of withholding or tampering with his mail. There’s always a way to strip these self-absorbed jerks of their power and control if you look hard enough. Now I have to find a way to get all of his bill collectors to stop calling me!!! Best of luck to you.


#5

Dear nextex:

Greetings. Give the bill collectors his telephone numbers (cell phones, home phone, work phone). Best of luck.

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

ROSENDIVORCE.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.


#6

I have been married 3 yrs, separated for 2 months where my husband is living in an apt. We have no kids and all of our accounts and debts (with exception of the house is in our names only). I am in the process of consulting my own lawyer. I have 2 qtns: (1) Would it be advisable to change the locks and alarm code at my residence (where he is join owner)to ensure he does not walk in and out of the house w/o my permission? He hasn’t given me reason to doubt he won’t call first but I don’t want to walk in one day and find my things missing.
(2) He still says it is “his house” and still refuses to change his mailing address to his new apartment - can I force him to change it by law since he has moved out? Thank you.