Occupant Wife - Separate agreement


Surprising she respected my request not to move stuff this weekend. A first for everything I guess. I called her today and told her to come over Monday morning and bring boxes. It no doubt will be a long day.


Dear Odyssey:

Greetings. If your wife has moved out and found another place to live, you can tell her that she is not welcome back and therefore she cannot come back into the apartment or it will be Domestic Criminal Trespass (a misdemeanor).

Your question on the early termination on the agreement is a real estate question which I am not going to research, as that is outside the scope of divorce law. Best of luck.

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

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 wife and I have been separated for 30 days. She is the person ending the marriage (she cheated) and is seeking the divorce. We lease an apartment (ends 10/1/04), but she is only listed as an authorized occupant. Only our roommate and I are the lessees. The three of us have a separate notarized agreement which states she is responsible for 1/3 the rent and utilities. She left the apartment of her own free will to temporary live with her parents. She took her clothes and personal items of value with her when she left. Since she left she has entered the apartment (without my consent or me being present) to take items, mainly personal (items she needs for day-to-day), but also few items that we agreed to decide together (but she just took). She did pay her 1/3 of the rent and utilities for August. She does still have a key to the apartment. Wednesday of this week, she completed her own lease application and got her own apartment.

Today I told her not to enter the apartment without my consent. I have also told my roommate she is not welcomed inside the apartment unless I am home. He fully agrees. She wants get some more material items this weekend, but I will not be home. These items are not needed for her day-to-day life. I told her she would have to wait for a more convenient day, so that we can split all the material items and she can take them all with her the same day. I feel it would be best to do this all one day instead of making it a weeks or months event. Right now I need to protect myself so I do not come home to an empty apartment.

Looking over my lease I can only have the apartment complex change the locks.  They will also give new keys to any