What are my rights if my husband has locked me out of our home but it is in both of our names?

He states that he is filing for divorce. I am afraid of him, as he has threatened me verbally. My bed (we have another) that I purchased before marriage and several personal items which are not community property are still in the home. I gave him a list of things I wanted and he has said I can have them, however, when I go to get them he says the time is not good for him. He will not leave the home and allow me to pack my things. He can stay, as long as there is no confrontation. I will not touch any community items. What recourse do I have as I am presently sleeping on a blow-up mattress at my mother’s home. His mother has moved into our home and has been moving items out daily.

Asked on December 1, 2015 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file an emergent (think: "urgent" or "emergency") motion in family or chancery court for a court order not only letting you in but also ordering the local police to assist you, if necessary. Filing for emergent motions can be somewhat complex procedurally; you are advised to retain a family law or matrimonial law attorney to help you.

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