Full question:
After a 17 year marriage, I left to a bordering state one year ago with the intention of divorcing after children were away from home. There was no legal separation. I have been in constant contact and go to the house to see our children. My spouse and our 2 minor biological children live in the house we still own together. I am now unemployed w/ no resources and want to move back in. Can he refuse to let me come back and change the locks? I have been supporting myself the last year, and have not asked for a dime. There is no abuse (but verbal on his part), alcohol, drugs, or infidelity involved.
- Category: Divorce
- Date:
- State: Washington
Answer:
We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
In this situation, we don't believe your husband can legally exclude you from the house. However, if he has changed the locks and won't let you in, you have a bad situation with a potential for violence. You need to talk to your husband and get him to agree to let you back in. Explain that it is still your house, and he has absolutely no grounds to exclude you under the law. Does he really want you to get the county sheriff involved? That would be silly, you should tell him, but you need a roof over your head and you intend to move back into your house.
You should contact the sheriff if you need to. Tell them the situation and that you need a patrolman to come to your house to monitor your re-entry and talk to your husband, to explain the domestic violence laws to him, etc.
You should also contact legal aid. You should seriously consider divorce and getting the property divided up. Check this site and call:
http://www.nwjustice.org/get-legal-help
http://www.nwjustice.org/what-clear
You can possibly get the representation of a local attorney for little or no cost.
We wish you the best of luck in coming to an acceptable resolution of your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.