What rights do I have if my husband took his personal things and walked out?

Can he come back in the home and take what he wants?

Asked on March 9, 2012 under Family Law, Minnesota

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

This all depends on whether or not your husband has a possessory interest in the home. Meaning, does he own the home? are you both renting or leasing the property? His his name on the deed?lease agreement? rental agreement?. I ask because if he has a possessory interest, and there is no court order or Personal Protection Order that forbids him from going inside the home, then he is free to go to the home to take his personal belongings. If he does not have a possessory interest in the home, then technically you do not have to let him in the home, but he can always seek a court order to allow him or a third party to retrieve his personal belongings from the home.


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