Property question


#1

I left home/was asked to leave last Thanksgiving after a couple of years trying to working things out following my wife having an affair. She has since moved out of the house a few weeks ago leaving several bills unpaid in my name. The house deed is in both names the mortgage in mine. I have now received forclosure notice from the bank. Meanwhile many of my personal belongings remain in the home and she tells me I have no legal right to enter the home. My question is, if she has moved out and basically abandoned the home, can I remove my belongings before the bank gets everything. I have received no court order or other notification that i cannot enter MY home other than she says her attorney says i cannot.

Thanks for your help.


#2

Once a spouse leaves the marital residence and begins residing elsewhere they are not entitled to return to the home absent express permission from the spouse living in the home. Doing so could result in your being charged with Domestic criminal trespass which is a misdemeanor. Since your wife has now left and you are in danger of losing the home, and all the property that is located inside, the situation has changed. My suggestion is that you go to the home and have a sheriff’s deputy accompany you to avoid conflict if she shows up. I would also recommend you take a friend with you to witness your actions in removing your property, and take pictures with a time stamp before you gather your things and immediately afterwards to ensure you may document that you did not damage the home or any of her belongings.