Husband left. No lease

[Suzywriter]

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

 

[Suzywriter]

Husband left, no lease.

My husband moved out last month and said he is done being married. We rented a house 3 years ago. The lease has expired, so we have paid monthly without a lease.

When he refused to pay, I called the landlord, and he made me a new lease that says month-to-month, renews with each month's payment, in my name only.

My husband wants to come get tools, cookware, furniture etc, that we bought together during the marriage. I said he could not have anything until a judge divides our items, and he could not enter the house since it's now rented to me.

Is this correct? Can he still legally enter my house and take what he wants?

 

[LdiJ]

My husband moved out last month and said he is done being married. We rented a house 3 years ago. The lease has expired, so we have paid monthly without a lease.

When he refused to pay, I called the landlord, and he made me a new lease that says month-to-month, renews with each month's payment, in my name only.

My husband wants to come get tools, cookware, furniture etc, that we bought together during the marriage. I said he could not have anything until a judge divides our items, and he could not enter the house since it's now rented to me.

Is this correct? Can he still legally enter my house and take what he wants?

Well, he certainly can physically do it if he still has a key and the locks have not been changed.

 

[Suzywriter]

Well, he certainly can physically do it if he still has a key and the locks have not been changed.

Yes, but do I legally have to allow him access to the house since he stopped paying and does not have a lease here any longer?

 

[Ohiogal]

My husband moved out last month and said he is done being married. We rented a house 3 years ago. The lease has expired, so we have paid monthly without a lease.

When he refused to pay, I called the landlord, and he made me a new lease that says month-to-month, renews with each month's payment, in my name only.

My husband wants to come get tools, cookware, furniture etc, that we bought together during the marriage. I said he could not have anything until a judge divides our items, and he could not enter the house since it's now rented to me.

Is this correct? Can he still legally enter my house and take what he wants?

You have no right to lock him out of the marital residence nor prohibit him from taking anything without a court order.

 

[Ohiogal]

Yes, but do I legally have to allow him access to the house since he stopped paying and does not have a lease here any longer?

Yes you do. It is the marital residence.

 

[LdiJ]

Yes you do. It is the marital residence.

Is it still the marital residence? Had she moved to a new unit with a new lease it would not be the marital residence. He is no longer legally liable for a lease and the existing lease was created after the separation.

As far as the household goods are concerned they both have the right to those goods until a judge says differently, therefore there is no difference between her keeping them or him taking them.

 

[Ohiogal]

Is it still the marital residence? Had she moved to a new unit with a new lease it would not be the marital residence. He is no longer legally liable for a lease and the existing lease was created after the separation.

As far as the household goods are concerned they both have the right to those goods until a judge says differently, therefore there is no difference between her keeping them or him taking them.

It is a new residence. Why did she expect her hubby to pay the rent? I don't see where hubby asked to be taken off the lease. OP went to the landlord.
So he can enter. How is she going to stop him from taking any marital property when he is allowed in the house? It is the marital residence.

 

[LdiJ]

It is a new residence. Why did she expect her hubby to pay the rent? I don't see where hubby asked to be taken off the lease. OP went to the landlord.
So he can enter. How is she going to stop him from taking any marital property when he is allowed in the house? It is the marital residence.

When he stopped paying the rent, AFTER they separated, she signed a new lease, in just her name, with the landlord. Therefore I have my doubts that it is still the marital residence.

To be honest, I also think its in the best interest of both parties for them to stay out of each other's residences once a marriage falls apart. Too much stuff can happen to cause problems for one or both of them.

 

[Ohiogal]

When he stopped paying the rent, AFTER they separated, she signed a new lease, in just her name, with the landlord. Therefore I have my doubts that it is still the marital residence.

To be honest, I also think its in the best interest of both parties for them to stay out of each other's residences once a marriage falls apart. Too much stuff can happen to cause problems for one or both of them.

They were month to month. She signed a month to month. Your opinion matters not. The law will allow him to return. She is his wife. If she doesn't want him back, she needs to file for divorce and get temporary orders.

 

[Suzywriter]

Then what rights do I have?

What rights does an abandoned spouse have? Why does he have the right to take joint property, whicb deprives me of said property?

 

[Ohiogal]

What rights does an abandoned spouse have? Why does he have the right to take joint property, whicb deprives me of said property?

He has a right to take joint property for the same right that you have to keep the joint property and deprive him. An abandoned spouse? You weren't abandoned. there is no evidence of that. You need to understand that until you get a court order you both have the same rights to the residence AND to the property.

 

[stealth2]

Here's the thing - a judge will not be amused if you expect him/her to divide every blessed possession - he gets these nail clippers, she gets this nail file. And so on. Look at the stuff and try to come to a reasonable split. He does most of the repairs? Let him have the tools, leaving the spare hammer, some screwdrivers, etc. You do most of the cooking? The pots/pans stay with you, with spares going to him. Or whatever makes sense.

 

[Suzywriter]

So what is abandoned, Ohiogal?

My husband moved out and began using his income to support only him, leaving me with all expenses on the current residence. He rented a separate apartment and contributed nothing to the last month that he lived here. I asked if he planned to pay anything at the original residence and he refused, so I had a new lease made in my name only.

If that isn't abandonment, please tell me what it is. Do I have to let him take whatever he wants because he was previously a tenant?

It sounds like the one who leaves has all rights, and the one left has none.

 

[Eekamouse]

My husband moved out and began using his income to support only him, leaving me with all expenses on the current residence. He rented a separate apartment and contributed nothing to the last month that he lived here. I asked if he planned to pay anything at the original residence and he refused, so I had a new lease made in my name only.

If that isn't abandonment, please tell me what it is. Do I have to let him take whatever he wants because he was previously a tenant?

It sounds like the one who leaves has all rights, and the one left has none.

It's too bad you think you get to keep everything just because he left you. What if it was you that left him? Wouldn't you want half of everything you two acquired together? You're being ridiculous.