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Separation residential property

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smh@mhb

Junior Member
What is the name of your state (only U.S. law)? Kentucky. I moved out of my house, separating from my husband. The mortgage is in my name. I still have furniture in the house. My husband have put new locks on the doors, so that i can't get in, says i don't have any rights to the house since i moved out and he don't have to give me a key. I asked for keys until the divorce is final so i can have access to my belongings. He refuse. He is only on the deed due to state law. Do I still have the right to enter my property without him being there?
 


mistoffolees

Senior Member
In general, you are free to enter. It is the marital home and you own it as much as he does.

Ask your attorney what to do. You might need to have the police go with you or get a court order granting access. Or, your attorney might say to let it go if you're close to getting the divorce finalized and fighting over this would only delay things.


There MAY be an exception if you had abandoned the place and lived somewhere else for a long time. I'm not sure, but if you moved out a long time ago and have your own place, then he might be able to argue that this is no longer the marital home, but I doubt if he'd get away with it. Someone else here can give a better idea of whether that argument would have any merit in KY.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Kentucky. I moved out of my house, separating from my husband. The mortgage is in my name. I still have furniture in the house. My husband have put new locks on the doors, so that i can't get in, says i don't have any rights to the house since i moved out and he don't have to give me a key. I asked for keys until the divorce is final so i can have access to my belongings. He refuse. He is only on the deed due to state law. Do I still have the right to enter my property without him being there?
Was the furniture procured during the marriage?
 

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