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  1. #1
    Nic in NC Guest

    Angry domestic criminal trespass

    What is the name of your state? North Carolina

    My husband and I have been separated for over a year and have remained on mostly amicable terms. I am currently living in the marital residence; both of our names are on the deed and the mortgage loan, and we have been splitting the mortgage payment. To date, he has retained a key to the house. We share custody of our preschooler and he works very near the house, so it has sometimes been convenient for him to have access to the house to be able to pick-up/drop-off some of her items when I am not home. HOWEVER, a few weeks ago, he called to see if I was going to be home, which I told him I was not, as he was coming by to pick up his gas grill from the garage and some books from the house. I said fine to the grill, but preferably not books until I was there to make sure he didn't take any of mine by mistake. I also asked if he was alone, to which he said no. At that point, I specifically told him not to take anyone into my home, and further, for him to just not go in either. The next day, when I came home, my television and several other items of marital property were missing. He admitted later that his father had been with him to help him remove the items.
    He says he was within perfect legal bounds, and further, that I cannot legally change the locks and deny him access, because it is still HIS house (although he chose to move out last year).
    Any advice, insight, etc.?

  2. #2
    ellencee is offline Senior Member
    Join Date
    Dec 2001
    In NC, the spouse that moves out and leaves property is usually considered to have abandoned the property but is allowed a reasonable period of time to claim a share of the marital property; personal possessions remain personal property even if the person abandoned the home and marital property.

    If you have been separated from your spouse for 12 months, you can file for divorce immediately and be granted a full divorce in very little time. During this action, you should be able to gain an order for your husband to return what he took that was not solely his.

  3. #3
    VG1013 is offline Member
    Join Date
    Jul 2003
    NIC...The locks can be changed after the other spouse moves out. Further, notice can be given to the other spouse not to return to the house. If the spouse comes back inside after moving out, and after being told not to return, the spouse can be arrested for domestic criminal trespass.

  4. #4
    tigger22472 is offline Senior Member
    Join Date
    Nov 2001
    Monticello, In
    all of the above is true.. but assume that until a judge tells him he has to he will stop paying half of the house payment. Is that right? Yes and no. It'll go against him if the two you fail to pay. Also be prepared to move if you don't think between your wages and CS you can swing the payment yourself. The judge could also order you to refinance thehouse into your name or sell the property. You may be required to give him a percentage either way.

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