My Apartment

[jlwredhawk]

What is the name of your state (only U.S. law)? I am in California

Hello,
Let's cut to the chase... My wife and I are separated. I've moved out of our apartment and back into the barracks on base. I pay the rent for the apartment. She has no income. She says that I am not allowed to be in the apartment to grab my things if she is not there. Is this true, or does she need a restraining order or something like that in order to keep me from going in the apartment without her presence? Thank you.

 

[mistoffolees]

What is the name of your state (only U.S. law)? I am in California

Hello,
Let's cut to the chase... My wife and I are separated. I've moved out of our apartment and back into the barracks on base. I pay the rent for the apartment. She has no income. She says that I am not allowed to be in the apartment to grab my things if she is not there. Is this true, or does she need a restraining order or something like that in order to keep me from going in the apartment without her presence? Thank you.

If there's no restraining order or other court order in place, you're free to enter the marital residence to pick up your things.

 

[jlwredhawk]

If there's no restraining order or other court order in place, you're free to enter the marital residence to pick up your things.

So if she calls the cops on me for going in while she's gone, they won't do anything to me?

 

[mistoffolees]

So if she calls the cops on me for going in while she's gone, they won't do anything to me?

If there's no court order against you, what can they do? it's the marital home, you're still married to her, so you have every right to be there.

HOWEVER, do not put yourself into a position where she can levy false charges against you. Bring along a friend or two to witness what goes on.

 

[jlwredhawk]

Sooo... Now she has changed the locks on our apartment door. I do not have a key.. is there something the police can do to gain me access to my apartment?!?!

On a side note...My wife is taking my daughter "out of town" and she will not tell me where. Is she able to get away with this, so I wont have any idea where my daughter is?!?!

 

[FarmerJ]

JL find out if your LL knows about the lock change . IF the LL has a key the LL cannot deny you entrance to the unit with out risking answering to a court, As long as your still married and your name is on that lease the LL cannot deny you access. Read your states laws for landlord and tenant regarding illegal lock out & constructive eviction.

 

[HomeGuru]

Sooo... Now she has changed the locks on our apartment door. I do not have a key.. is there something the police can do to gain me access to my apartment?!?!

On a side note...My wife is taking my daughter "out of town" and she will not tell me where. Is she able to get away with this, so I wont have any idea where my daughter is?!?!

**A: the police have no jurisdiction as this is a civil matter that you go to court to resolve.

 

[LdiJ]

Sooo... Now she has changed the locks on our apartment door. I do not have a key.. is there something the police can do to gain me access to my apartment?!?!

On a side note...My wife is taking my daughter "out of town" and she will not tell me where. Is she able to get away with this, so I wont have any idea where my daughter is?!?!

If its a rental apartment, and the locks have been changed, it gets a bit more complicated. You would have to get the landlord to let you in, and some landlords might be hesitant or reluctant to cooperate, even with police involvement, because the police could also be reluctant to get involved.

Your wife can certainly go out of town with your child without your permission...nor is she required to tell you where she is going.

However, if she is MOVING your child out of town, that's another story.

 

[jlwredhawk]

If its a rental apartment, and the locks have been changed, it gets a bit more complicated. You would have to get the landlord to let you in, and some landlords might be hesitant or reluctant to cooperate, even with police involvement, because the police could also be reluctant to get involved.

Your wife can certainly go out of town with your child without your permission...nor is she required to tell you where she is going.

However, if she is MOVING your child out of town, that's another story.

I didn't say without my permission, but what if she just dissappears and I have no idea where she is?

 

[Bali Hai]

If there's no court order against you, what can they do? it's the marital home, you're still married to her, so you have every right to be there.

HOWEVER, do not put yourself into a position where she can levy false charges against you. Bring along a friend or two to witness what goes on.

You don't think she would intentionally levy false charges against him do you

The witnesses should preferably be a teacher, doctor and scientist.