Temporarily homeless

If she has changed the locks she might be trying to tell you something, but she cannot stop you from returning to the house, before you go kicking down the door, go back to the house with the police.

Fatherdoright’s answer is not exactly correct.

If your spouse can prove that you separated by moving out during that time, then, yes you can be charged with domestic criminal trespass for returning to the property without your spouse’s consent.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
email: angel@rosen.com

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 refused to talk to me or socialize for 3 days simply because I said I had a headace one morning. The last night of these three, she wakes me at 4am, in my face arguing and I couldn’t sleep. I even attempted to make my bed in the garage and she followed. I grabbed a few clothes and went to my mom and dad’s. It’s been a week now and she appears to have calmed down. I want to go back home but she has changed the locks and says she doesn’t want me home right now. Can she do this? Can I be served with domestic criminal trespass if I show up at my home and refuse to leave? I have kept phone contact and she has everything, car, paycheck - all.