Legal Question in Family Law in Kansas

Possession of a home

My daughter moved out of her home that she owns with her husband. They are not legally separated or divorcing, although he has retained a lawyer. He will not let her into the house to get her possessions. Can he legally keep her out of her own house?

Asked on 6/03/07, 6:22 pm

2 Answers from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: Possession of a home

It is not a crime for him to change the locks, nor is it a crime for for her to change the locks to let herself back in.

However, these issues involve other questions as well, which must be discussed.

We can absolutely help get her back in.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Alicia or my paralegal Jennifer to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney



1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004


602.254.1229 (facsimile)

see our web page at

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Answered on 6/04/07, 10:53 pm

Rian Ankerholz Ankerholz and Smith

Re: Possession of a home

Until a divorce, legal separation or Protection from Abuse action is filed (with accompanying temporary orders), both parties have equal rights to access the residence. It is adviseable to request a civil standby from the Police Department if trouble is expected when your daughter goes over there.

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Answered on 6/04/07, 10:13 am

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