What to do if my wife has taken our daughter and moved out of our home but has been coming and going as she pleases and removing items from our home?

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What to do if my wife has taken our daughter and moved out of our home but has been coming and going as she pleases and removing items from our home?

Do I have legal right to stop her from doing this?

Asked on January 18, 2013 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

You shouldn't change the locks.  Don't do that.  You should file for divorce.  The summons has automatic family law restraining orders on the second page (lookup the FL-110 & FL-100).  Those restraining orders prevent her from selling community property except for doing so to pay for attorney's fees. 

Best of luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with a family law attorney as to filing a retsraining order against your spouse from coming to your home and taking items from it. Based upon his or her advice, you may want to consider changing the locks to the home which will end the problem that you have written about as to the coming and going of your spouse into the family home.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

While you are still married and she is still an owner or legal tenant of the home, she can come and go as she pleases.  However, this right can be truncated by the filing of a divorce and requesting temporary orders which grant you exclusive use of the home and which restrain her from removing or disposing of any marital property.  In the same orders, you can request that a visitation schedule be set up so that you have quality access to your daughter while the divorce is pending. 


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