Spouse wants house key

Dear nextex:

Greetings. You are correct. If you have told your husband that he cannot come back (preferably in writing) and he has set up a separate residence, he cannot come back or you can charge him at the local magistrates’ office with domestic criminal trespass.

He still has legal rights to the house, but that can be dealt with in the separation agreement. One of those legal rights is NOT re-entry after he left and you are both still married. 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 husband moved out in the middle of June into an apartment in the next town over. He had our only house key and I got it from him. Now he has asked for it back saying that he is entitled to it because the deed to the marital home is in both our names. I told him that since he has a residence of his own he is not entitled to a key to the house I’m living in and that I don’t feel comfortable with him having a key. I told him I would give him his key back and then just change the locks. He says I can not do that since we haven’t signed a legal separation agreement. Who is correct?