What to do if my husband and I filed for divorce and I’ve left the home but he is refusing to let me in the home to pack my things?

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What to do if my husband and I filed for divorce and I’ve left the home but he is refusing to let me in the home to pack my things?

He is saying that he’ll pack it and put it in the driveway. I don’t trust him to do that. Can he legally not allow me into the home? He owned it prior to dating/marriage. I moved in 7 years ago and we married last year. He is the provider; I work part-time but have contributed the whole time. He basically threw me and my kids out, literally.

Asked on July 26, 2018 under Family Law, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless your divorce has been finalized and there exits a decree that states who has right to the house, it remains the "joint marital residence". This means that you both have the right to occupy the premises, no matter whose name the deed is in. At this point, you can contact your local police department to see if they will follow you over to the house while you pack your things, however some departments refuse to get involved in such civil matters. You can also, and probaly should, contact a local divorce attorney as they can best advise you further from here.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless your divorce has been finalized and there exits a decree that states who has right to the house, it remains the "joint marital residence". This means that you both have the right to occupy the premises, no matter whose name the deed is in. At this point, you can contact your local police department to see if they will follow you over to the house while you pack your things, however some departments refuse to get involved in such civil matters. You can also, and probaly should, contact a local divorce attorney as they can best advise you further from here.


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