Can my husband keep me from getting back in the house for my personal items?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption