Can my husband keep me from getting back in the house for my personal items?
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Can my husband keep me from getting back in the house for my personal items?
I left my husband 5 months ago. He will not let me come get my personal items clothes, shoes, etc. unless I give him money. I have contacted the police and sheriff’s offices and they both say he can’t deny me my property but don’t have the man power to escort me. I have moved out of state and don’t want to waste a trip for nothing. Also, should I get a lawyer in MO (versus the state in which I now live)?
Asked on August 8, 2011 Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. Where you should get an attorney depends on if you are filing for divorce. Generally speaking, you need to establish residency before you can file for divorce and in most states that is living there for 6 months (one state I know of does not allow you to file unless you are both residents of the state but that may not be the case here). The police and sheriff's office are correct: the general rule of law is that your husband can not lock you out unless he hsa a court order granting him exclusive possession or an agreement signed between you granting him exclusive occupancy. I might consider hiring an attorney in MO for the sole purpose of trying to get your things. Good luck to you.
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