Can I be arrested for entering my own home?

I’m going through a divorce but nothing has been signed or negotiated yet. I wanted to talk with my husband so I went to the house, I moved out of and still contains some of my personal belongings and he had me arrested for trespassing. Can he do that?

Asked on January 23, 2013 under Family Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, legally he can not.  But unfortunately he did.  You would be trespassing if there were an agreement or court order giving you exclusive use and occupancy.  Time to get an attorney to help you enforce your rights.  Good luck.


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