Does my husband have the right to keep me out of our house?

[LisaOno]

Hello. My husband and I have been separated for almost a year. Due to some complicated issues I ended up leaving our house. We have two sons (10 & 8) and even though he promised I could see them anytime I want when I left the house, soon after he changed his story and started to limit my visitation. This is not a legal separation. He changed a house key and a garage code to keep me out. I could see them whenever my husband was there. He told me he was doing so to secure our sons' safety as I've been suffering from depression for years and have attempted suicide. Just last week he told me I wouldn't be allowed to be in the house from now on. The title of the house is still both names and all the house expenses including the morgage have been paid from our joint account which my payroll is still direct deposited to. Does he have the right to keep me out of our house because I don't live there? If he doesn't what can I do to claim my right? I've got yelled and cursed so badly and I'm scared of confronting him. I'd really appreciate if you advise me. - Lisa -

 

[army judge]

Hello. My husband and I have been separated for almost a year. Due to some complicated issues I ended up leaving our house. We have two sons (10 & 8) and even though he promised I could see them anytime I want when I left the house, soon after he changed his story and started to limit my visitation. This is not a legal separation. He changed a house key and a garage code to keep me out. I could see them whenever my husband was there. He told me he was doing so to secure our sons' safety as I've been suffering from depression for years and have attempted suicide. Just last week he told me I wouldn't be allowed to be in the house from now on. The title of the house is still both names and all the house expenses including the morgage have been paid from our joint account which my payroll is still direct deposited to. Does he have the right to keep me out of our house because I don't live there? If he doesn't what can I do to claim my right? I've got yelled and cursed so badly and I'm scared of confronting him. I'd really appreciate if you advise me. - Lisa -

You are going to need the services of an attorney.

You live in a community property state.

But, your voluntary absence from the home could be considered abandonment.

This could hurt you in the event of a divorce or legal separation.

You seemingly are being denied access to your home.

But, your absence might be determined to be abandonment.

Get thee to an attorney, ASAP.

These are serious legal issues, with dire financial, emotional, legal, and personal consequences to you.

Do not waste time, because the longer you are away, the more deleterious it could be to you and your parental and marital rights.

 

[LisaOno]

Dear judge army,

Thank you very much for your advise. You've made me realize this is very serious and need to take an action asap. I've been hesitating hiring an attorney as I'm pretty tight financially but I guess I have no choice at this point... Thank you!

You are going to need the services of an attorney.

You live in a community property state.

But, your voluntary absence from the home could be considered abandonment.

This could hurt you in the event of a divorce or legal separation.

You seemingly are being denied access to your home.

But, your absence might be determined to be abandonment.

Get thee to an attorney, ASAP.

These are serious legal issues, with dire financial, emotional, legal, and personal consequences to you.

Do not waste time, because the longer you are away, the more deleterious it could be to you and your parental and marital rights.