Locked out of Home

[411]

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

My spouse, who is an attorney, locked me out of our joint owned home. She refuses to file for divorce or to agree to one. The police told me that I would need to file a Writ of Assistance through the court to obtain access to the home. I have contacted attorney(s) and was first advised to just go break in the home and change the locks myself. I returned to the local police department and told them what my attorney advised me to do and was told that I would be arrested if I chose to take this route. The attorney I have hired says that there's nothing he can file with the court to obtain accesss to the property. I am in a small town and my wife and her legal partners have a lot of control when it comes to the court/legal system statewide and in the federal system. What are my real options?What is the name of your state (only U.S. law)?

 

[TinkerBelleLuvr]

Unless your X has a court order giving her exclusive use of the house, you have equal rights to be in the marital home.

 

[LdiJ]

Unless your X has a court order giving her exclusive use of the house, you have equal rights to be in the marital home.

While I agree with that, apparently the local police do not intend to react accordingly. That puts him in a bind. No matter how much we say that, if the local police do not agree, its a problem.

So...my question is, why do you need access to the home? Why don't YOU file for divorce and request access to the marital home if you have a reason why you need access. I am assuming that you want access in order to retrieve your personal possessions. You can get that access through filing for divorce. It will be a contested divorce if your wife is not in agreement with the terms of the divorce, but you still will get access to your personal possessions that way.

 

[411]

So...my question is, why do you need access to the home?

Because I'm "homeless" at the moment. I haven't done anything wrong would be another reason. No adultery, abuse, drinking, drugs, gambling etc. Also because my name is on the mortgage and I have provided funds to said property.

 

[ecmst12]

It's your house and she has no legal right to keep you from entering. Call a locksmith. This is a civil matter, it doesn't involve the police.

 

[mistoffolees]

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

My spouse, who is an attorney, locked me out of our joint owned home. She refuses to file for divorce or to agree to one. The police told me that I would need to file a Writ of Assistance through the court to obtain access to the home. I have contacted attorney(s) and was first advised to just go break in the home and change the locks myself. I returned to the local police department and told them what my attorney advised me to do and was told that I would be arrested if I chose to take this route. The attorney I have hired says that there's nothing he can file with the court to obtain accesss to the property. I am in a small town and my wife and her legal partners have a lot of control when it comes to the court/legal system statewide and in the federal system. What are my real options?What is the name of your state (only U.S. law)?

Ask them what charge you would be arrested under. If they say 'breaking and entering', ask how they can arrest you for breaking into your own home. Or ask to speak to someone higher up.Breaking into your own home is not illegal.

 

[tranquility]

I'd make sure you can prove up ownership at the scene.

 

[nextwife]

And bring a witness with a video camera. That way, you can prove you were not in any way threatening to her individually, and you can avoid her pulling the restraining order card. I suggest a lock change in her absense, give her a copy of the key. Prove ownership to the locksmith.

 

[xylene]

Don't be a wuss.

Call the cops bluff.

PS - WHY are you clearing your comings and goings in your house with the police?

You don't need to bring the police when you go in thru the window and unlock the door.

Or bring the locksmith with you. (He can open it with a pick or a bump key.)

If you have any 'touch' with your fingers you might even be able to bump key it YOURSELF.

 

[tuffbrk]

Don't be a wuss.

Call the cops bluff.

PS - WHY are you clearing your comings and goings in your house with the police?

You don't need to bring the police when you go in thru the window and unlock the door.

Or bring the locksmith with you. (He can open it with a pick or a bump key.)

If you have any 'touch' with your fingers you might even be able to bump key it YOURSELF.

Absolutely agree!

Dude - don't allow yourself to be so emotionally intimidated. There's a reason why nice guys finish last...

 

[You Are Guilty]

I'd make sure you can prove up ownership at the scene.

Don't be surprised if you find all the proof of ownership documentation that was kept in the home has mysteriously vanished. Might want to stop at the county clerk's office and get a copy of the recorded deed, "just in case". (Any police that would arrest you with the deed in your hand are just setting themselves up to lose a lawsuit).