Legal Question in Family Law in California

husband moves out, can he re-enter at will?

My husband of 10 months moved into my home, which I've owned since 1998, approx. 3.5 months ago. We are separating now, and husband wanted to remove one of his items. I want to hold this item as collateral for unpaid credit card bills the husband needs to reimburse me for.

Husband called the police, who said that while they can't ''make'' me give him his item (workout machine),husband can still come and go into my residence as it pleases him, since husband lived there. I stated that husband DID move out 2 days ago, does not have any keys anymore, and house was PRE-marital property. Cop stuck with his story - husband could come and go at will. I can't believe that's true - is it??? Cop also says thathe would not arrest him if husband broke into my house, since husband could go in legally. Cop also said that the judge will look bad upon me if I held on to this item. Husband left becausehe did not help me pay bills, and I'm on Social Security Disability. Husband racked up credit card bills and now won't pay. What to do?


Asked on 10/04/05, 5:31 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: husband moves out, can he re-enter at will?

You need to hire an attorney and file a petition for dissolution of marriage with a request for a restraining order and a residence exclusion. If you are in imminent fear of bodily harm you can go to your local Court tomorrow and file for a temporary restraining order. You do not need an attorney for this but you will need to show that your in imminent fear of bodily harm. They will not grant a temporary restraining order based on the fact that you want to hold collateral. Get a lawyer!!

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Answered on 10/04/05, 10:35 pm


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