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  • I need advice

    I have left the matrominal home about 8 month ago . With all the screaming fighting and swearing that was happening I thought it would be the best I left .We have 2 small children 8 and 3. I went to the police and filed a report, because she had puched me a few times. I chose this route rather then swing back. I felt it crossed the line. Since my 8 year old was son present, the cas is involved. To keep a long story short, she denied it happened and saying it was caused from emotional abuse. Now she wont let me back in the house claiming she has to keep it safe, there has been no violence and only on a couple of occasion has then been slight bickering. I have some personal objectis that I have to get. Also she is refusing to pay the mortgage I have paid my support. Im to date not missing any payment. I have threatened to move back in. What are my options and or legal rights about entering the home. Is she allowed legally to keep me out.

  • #2


    Is the house in both your names? If it is she can not keep you out. You have the right to live in your home. If you think you can live there without fighting in front of the children...then I would go home.


    • #3
      I would go back if you could do so without physically or verbally fighting.
      You don't want the children to see that.
      However, if she will not let you back in the home you could have a police officer escort you to pick up your belongings. IE anything that is indisputably yours. Of course you should give her the heads up if you use this route. If there are items that you believe to be yours that she will not forfeit, you have to get a court order.
      You’ll have to give some indication as to how you came about them and how they were paid for, IE joint or sole account, credit card etc.

      My husband got an order for things like tools, family heirloom Christmas decorations, photo albums, etc. Anything he could prove to have had prior to the marriage and anything he could prove was his after the fact.


      • #4
        If it were me...

        I would show up with friends and my stuff, with the intent to move back in, have friends equipped with digital voice recorders and better yet video equipment too. If she attempts any bad behaviour, take it with your hands in your pockets. Let your friends tape it. It's your house, she has no right to keep you out. If she has changed the locks, have the police break in for you, or call a lock smith on your behalf.

        I would do it when the children are not there if possible. I would even go to the local police and tell them that I was going to be moving back in and that I am expecting resistance.

        Anyway you look at it, your house, your right. If she does not like it, she can move out, doors always open from the inside.

        That's what I would do,

        Your choice



        • #5
          is it in your name or joint or hers solely......theres a few ways to look at it.......
          1. your name only=your house=your financial responsibility=bank comes after you if in default whether you reside there or not=you should get back there ASAP=legally she has no grounds
          2. joint=both of you own it 50/50=both $$ responsible 50/50 for default=go back home=legally she has no grounds
          3. her name solely= you are screwed my friend=if she defaults the bank will repossess=no issue to you but effects your kids=legally you have no grounds


          • #6
            the house is jointly owned she is being vindictive


            • #7
              she can be as vindictive as she wants but she has no sole possession rights what so ever.....unless she buys you out of the property.....I would be going back and either force the sale of the property or equalization


              • #8
                How do you....

                How does someone force the sale of a home? Can they do this on there own or do you need a lawyer??


                • #9
                  force a sale

                  it would be court order


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