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Confused

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justwandering12

Junior Member
What is the name of your state (only U.S. law)? MI
My husband who is a minister, has filed for divorce in October of 2008. He has moved out of the home which is in my name only. Siince he has moved out, did I have a right to change the locks on the home seeing that his nephew and his sister also has keys to my home? He has started another relationship back in september of 2008, and he has since not been keeping in touch with our son, and has neglected the home and his son fiinancially. He has since filed a motion against me stating that I have moved my sister in the home and wants her out of the home and has also filed a motion to get a key so that he can have access to my home, the same home that he did not care that it is going into foreclosure and has no intentions on saving the home. What does this means to me? I have exhausted all of my funds to try to have a roof over my son and I head. He pays no bills in the home and have not paid the mortgage since July 2008.
 


cyjeff

Senior Member
He has excess to the home until a court of law says that he does not.

However, I would have your lawyer pursue monies until the divorce date.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? MI
My husband who is a minister, has filed for divorce in October of 2008. He has moved out of the home which is in my name only. Siince he has moved out, did I have a right to change the locks on the home seeing that his nephew and his sister also has keys to my home? He has started another relationship back in september of 2008, and he has since not been keeping in touch with our son, and has neglected the home and his son fiinancially. He has since filed a motion against me stating that I have moved my sister in the home and wants her out of the home and has also filed a motion to get a key so that he can have access to my home, the same home that he did not care that it is going into foreclosure and has no intentions on saving the home. What does this means to me? I have exhausted all of my funds to try to have a roof over my son and I head. He pays no bills in the home and have not paid the mortgage since July 2008.
He has the right to have access to the house (unless there is a risk of physical harm in which case you'll need to go through the process of getting a restraining order). Give him a key. I would not give keys to the nephew and his sister, though (if he wants to, he possibly can, although that would be questionable after he's filed for divorce).

Have your attorney file for temporary support immediately to help with the expenses of keeping up the house and child support. You'd better start planning for the long term - if you can't keep up the house on your own, it will need to be sold. Also, you'll need to get a job if you don't have one.
 

LdiJ

Senior Member
I agree that yes, he technically should have access to the home. However, I would honestly hold off giving him a key until you have gotten a consult with a local attorney. He did voluntarily move out and he has already filed for divorce.

He also has no right to restrict who you allow to stay in the home with you.

File a counter motion for sole possession of the marital residence and for support.
 

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