My husband has changed the locks on my own home and now won't let me in...Is this legal and what are my rights to get into the home?

Question Details: My husband wants a legal separation but is not sure on how to go about doing it. I do not want a separation. We have been married for a year now. What are my legal rights to my home, my property and other things. Plus he is asking for the wedding rings back. Do I keep them or are they mine because they were a gift.

Asked 8/23/2009 under Divorce, Marriage, Alimony | 679 View(s) | More Legal Topics

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Elliot Green / Law Office of Elliot Green Answered 2 years ago | Contributor with 0 answers This attorney is licensed in New York

Your husband's conduct is illegal. If you called the police they will most likely assist you in reentering the home. Donot give him the wedding ring he is not entitled to it. If you need a free consultation on what you rights are in regards to the divorce please call me at (718)689-0282.

Regards,

EG

Darren M. Shapiro, Esq. - New York Attorney in Good Standing - / Law Office of Darren M. Shapiro Answered 2 years ago | Contributor with 0 answers This attorney is licensed in New York

Absent a court order to the contrary, you are entitled to access to your house.  He can not use what is called self help.  You could call the police to assist you.  You do not have to give him a legal separation.  In a divorce, your home and other marital assets can be distributed by the court or by agreement.  The wedding ring is yours.  Since he wants the divorce or separation that could be a bargaining chip for you.  I am a matrimonial attorney.  Give me a call if you would like to discuss the situation.  It would be my pleasure to speak with you about the case.   Darren M. Shapiro, Esq. 516-333-6555.  www.NYAttorneyDivorce.com  www.CriminalDefense1.com

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