when one half moves out

[Anonymous]

Before a divorce, when we separate, and DH moves out, does he also have to move all his crap out (personal files, stuff from his dead relatives, i.e., stuff clearly his and not jointly owned)? Is this something put in a separation agreement?

[Anonymous]

State laws vary, but if both of your names are on the house, you don't even have the right to change the locks.

[Anonymous]

He doesn't have to move his crap out, but now is a great time to do it.

[Anonymous]

So if I can't change the locks, I suppose he can come in and out as he pleases???

[Anonymous]

Is his name on the mortgage? If the answer is yes, then you know the answer, whether you like it or not. Unless he's abusing you, you can't simply "call the cops" because he entered the house.

[Anonymous]

Mortgage is paid off, but we are co-owners. But sounds like would be the same - separation doesn't change the terms of ownership. But we could put some guidelines in a separation agreement, I suppose. Is this a routine part of a separation agreement?

[Anonymous]

Yes, you can address this in a separation agreement. In ours I got the house and contents except for specified items. I could have made him get his stuff out but he is not in a permanent place yet so I am letting him leave some things here.

What state are you in?

[Anonymous]

Anonymous wrote:State laws vary, but if both of your names are on the house, you don't even have the right to change the locks.

If you can't CHANGE the locks, can you add NEW ones?

[Anonymous]

What happens if spouse is not a co-owner and/or not on a lease agreement? Can spouse change locks and/or exclude ex from the property?

[Anonymous]

Does a separation agreement (MD) usually stipulate access of the spouse who moved out to the house - during separation period? (I.e., before divorce is final and shared assets, presumably, are divided.) I've seen a lot about access to children, but how about access to a jointly owned house?

[Anonymous]

Wouldn't access to the house have to do with actual residence?
If you are officially separated then you have to have two separate addresses, and official paperwork documenting your separation, correct?
Therefore, only one of you officially would reside in the house that you co-own and therefore have 24 hr access.

We own a condo but have a tenant who resides in it. We can't walk in whenever we want to. Our lease = your separation paperwork in terms of access.

(not a lawyer, just a logical thinker)

[Anonymous]

Interesting. But that would suggest a 2nd residence has to become "official" - by whatever process, e.g., voting registration - or some other contractually defined statement. Your lease is a signed contract that I'd think gives tenant right of residency. But when one spouse moves out in a huff, I don't think some of these i's get dotted or t's get crossed.

[Anonymous]

OP, what's your goal? To get his crap out of the house, or to prevent him from entering without your permission?

[Anonymous]

You can buy him out of his half. That is what two friends of mine have done when they separated.

Having a second residence doesn't mean you don't have access to your other residences. Many people have more than one home. Completely different than a tenant. If he owns the house he has rights to the house. Your marital status doesn't change the ownership or access. Many non married people share ownership or access rights.

Why do you not want him to have access to his home or his belongings? If he is agreeable with moving out and you have a plan in place for the financial aspect then just have him set a date and time when he can come and get this things.