Do I have legal right to my house

UPDATED: Sep 30, 2022

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Do I have legal right to my house

I have been out of my house for a
little over a year. I need to move in
my basement or live on the street.
There are not any legal papers keeping
me out. My name is on the deed. It is a
VA LOAN.MY WIFE will not let me in.I
live in Milwaukee Wiscconsin. Do I have
the right to enter the house.

Asked on August 25, 2016 under Family Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As long as there is no order in family court (e.g. a divorce decree or some interim order while the divorce case is pending) which says that you can't live in the home, then so long as you are still on the deed--that is, you are still an owner--you have the right to live in the house, regardless of what your wife wants. If she does not want to live with you, she can move out.
Note that if she has changed the locks or is physically keeping you out, you can't break in or use force to enter--you may be committing a crime if you do. Rather, you need to go to country court and apply for a court order (which can be done on an "emergent," or "urgent," basis) that she must let you in. If you can't afford an attorney, you are allowed to act as your own lawyer ("pro se"). The court clerk's office should be able to give you basic instructions on filing such an action and/or provide sample or template forms.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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