Moved out

You can legitimately be kept off the property even if you are on the deed. I don’t know whether this would apply in your case, though.

You might be able to make an argument of ‘malicious turning out of doors’ (for a divorce from bed and board), but I don’t know whether that would be workable, or whether a counterclaim of abandonment could be made.

I don’t think that would be a case for malicious turning out of doors since she is the one that left in the first place. But since there was physical abuse, you could use that. Though Divorce from Bed & Board is lengthy process and is usually only a technicality, if there was a report filed for domestic violence you should have no trouble having the courts to force him to leave the home…

Hopefully, the attorney will answer on this one because I am not certain. I know that the separation agreement makes it binding that you can be kept off the property but I’m not sure of prior to that. I would think the case still applies. You could have the police escort you back, but they would not be able to let you into the residence. He would be notified and have to be present.

My question to you would be: What reasons, other than the abuse, would you have for not wanting him to be there when you remove items from the home? Are you planning to take things that you know would not be agreed on you removing? Are you worried that if he’s there then there will be a fight/arguement? (Police being there to witness exchanges would help)
My suggestion is to contact your attorney (that is drawing up the separation agreement) and let him/her know the situation. Then contact your ex in writing or recorded conversation and inform him of the date and time you will there and what you will be picking up. If all else fails, you may be forced to wait until a equitable distribution hearing can be scheduled to get the rest of the stuff you want.

My ex went through something similar with his new wife. I was told that she left and when he changed the locks she came back with the police escort and went in through a basement door that she new was unlocked…once they signed the separation agreement, she could no longer be on the property without his permission or invitation…

Yes, if you have moved out of the house he has the right to change the locks and exclude you from the residence.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
919.787.6668 main phone
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I moved out, along with my 2 kids, b/c he would not. He was not there when i was moving out, but he knew i was moving. I wasn’t able to get everything that day; i am having a sep. agreement drawn up. I want to get some more things out, but he has changed the locks & says that i can come up there only when he says. Both our names are on the deed. can he keep me off the property even though my name is on the deed? I left b/c of mental abuse & it was in the early stages of physical abuse.