Residential Property


#1

If he has left the house and has taken up residence elsewhere, then YES, change the locks. Do you have a separation agreement? I believe standard wording is that once the spouse leaves, he must have permission / consent to enter the house again. He can’t come and go as he pleases. And the sex thing??? That borders on harassment i my opinion.

I URGE you to get to a lawyer immediately and have an agreement drawn up if you haven’t already. Tell the lawyer what has been happening and there may be legal things that can prevent him from entering the house/pressuring for sex even if you don’t have an agreement signed.

I do believe legally the house is still both of yours-yet him leaving and setting up house elsewhere gives you live-in rights. The lawyer would have to verify that.


#2

If he has moved out of the house and has a separate residence, generally the spouse remaining in the house can change the locks and exclude the other spouse from returning to the residence. You must first give the other spouse notice that you do not want them to return.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
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Charlotte, NC 28262
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Chapel Hill, NC 27514
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ROSEN.COM

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#3

If the home is purchased together and the husband moves out and gets an apartment. Is the house legally the wife’s during the separation? Can the husband come and go as he pleases? Can she change the locks to keep him out? Especially if he is pressuring her to enage in sexual activities when he shows up un-announced?