community property?

[hambirg]

What is the name of your state (only U.S. law)? WA

I live in a community property state. My ex and I have been physically separated for over 3 years. . .but not legally in any sense. He comes into my house and steals stuff. . .wedding ring. . jewelry, etc. I have locks to change the locks, but I have been told that I can't legally until we are legally separated. He lives in an apartment a few blocks away. My question is, can I legally gain entry because I'm his wife, whether I'm on his lease or not?

ETA- I have no intention of doing anything illegal. But I'm just tired of when I show up to pick up my kids being told that I have no business being there. His neighbor came out and got in my face saying she was calling the cops. I told her to go ahead. I was just there to pick up my kids and to attempt to collect a debt. I was being completely civil, but he tries to intimidate me, then I was pushed to the ground in front of the kids. The police did show up at my house. I told them what happened and my kids told them what they witnessed. I am just curious as to my rights as his spouse to be there.

 

[mistoffolees]

i assume that he once lived in the house with you? If so, that is the marital home and he is free to come and go as he wishes (as long as there is no restraining order).

His apartment, however, is in his name and you've never lived there? If that is the case, then you have no right to live there.

If you want to keep him out, you need to file for divorce or legal separation and ask the court for exclusive use of the marital home. If you get that (and you should, given the circumstances), then you'll be able to change the locks.

 

[hambirg]

i assume that he once lived in the house with you? If so, that is the marital home and he is free to come and go as he wishes (as long as there is no restraining order).

His apartment, however, is in his name and you've never lived there? If that is the case, then you have to right to live there.

If you want to keep him out, you need to file for divorce or legal separation and ask the court for exclusive use of the marital home. If you get that (and you should, given the circumstances), then you'll be able to change the locks.

Thank you. . .and I'm assuming that is suppose to read "no right to live there." I just wanted to be clear on that. I do however have the right to go pick up my kids. . .and also attempt to collect a debt. . .no?

 

[mistoffolees]

Thank you. . .and I'm assuming that is suppose to read "no right to live there." I just wanted to be clear on that. I do however have the right to go pick up my kids. . .and also attempt to collect a debt. . .no?

Yes, that was a typo. I've fixed it.

If there's no restraining order, you have the right to pick up your kids there.

Collecting a debt? It depends on what you plan to do to collect it. I would probably stick to the mail and/or court orders for that unless he volunteers to have the money for you.

 

[LdiJ]

i assume that he once lived in the house with you? If so, that is the marital home and he is free to come and go as he wishes (as long as there is no restraining order).

His apartment, however, is in his name and you've never lived there? If that is the case, then you have to right to live there.

If you want to keep him out, you need to file for divorce or legal separation and ask the court for exclusive use of the marital home. If you get that (and you should, given the circumstances), then you'll be able to change the locks.

While the bolded is technically true, after three years of separation, albiet not legally, there is very little that could or would be done against you if you change the locks and make it impossible for him to enter your home.

However, you might not be able to do anything against him either should he actually break in to the home.

 

[hambirg]

Yes, that was a typo. I've fixed it.

If there's no restraining order, you have the right to pick up your kids there.

Collecting a debt? It depends on what you plan to do to collect it. I would probably stick to the mail and/or court orders for that unless he volunteers to have the money for you.

There is no restraining order.

As far as collecting a debt. It is just me simply asking him what is going on with his case, and if he intends to pay me back any time soon. I think I will have to go directly to the bail bonds company and ask. . .because he tells me nothing. And it would be very like him to get the money back and simply keep it. I think I will send him a letter asking him to respond, because that way at least I might get something in writing of him acknowledging the debt.
Thanks again.

 

[hambirg]

While the bolded is technically true, after three years of separation, albiet not legally, there is very little that could or would be done against you if you change the locks and make it impossible for him to enter your home.

However, you might not be able to do anything against him either should he actually break in to the home.

Thanks. . .I'm really on the fence about doing it. It would be like him to just break a window or kick the door in. And that would be a bigger headache for me than just simply letting him steal my towels. He already got all my jewelry. . so there is really only small things that he could take at this point.

 

[mistoffolees]

Thanks. . .I'm really on the fence about doing it. It would be like him to just break a window or kick the door in. And that would be a bigger headache for me than just simply letting him steal my towels. He already got all my jewelry. . so there is really only small things that he could take at this point.

I would get to court, file for divorce or legal separation and ask for sole possession of the house.

Note that you can still ask for him to return all the jewelry as part of the divorce (or reimburse you for its value). Even in a community property state, something like a wedding ring is probably separate property.