Reply to I told my husband tonight that I wanted to separate

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Reply to "I told my husband tonight that I wanted to separate"

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[quote=Anonymous][quote=Anonymous][quote]It WAS her home. Her husband denied her access to collect her things. They were still married. He was punishing her for leaving by calling the police, withholding her belongings, etc.

I agree that breaking in was probably not the best move, but neither was denying access to her own belongings because she left.[/quote]

It WAS the place she lived. She did not say if it was her home or not. She did not say if they owned or rented. She did not say if her name is on the lease or deed. You don't just get the house because you married a guy. Maybe it is her house and they bought together but that has not been determined.

BTW. When you marry you do not have any right to your H bank account. He can give you access but he does not have to give you access. He does not have to give you any of his money. Now... when you are divorced that is different. You MAY get some of the money. They are not necessarily her belongings either.

But if you have a drivers license with the address you can call the cops and they will escort you into the home and let you get a small bag of items to hold you over.[/quote]

I don't think this information is accurate.

First of all, it depends on what state you are living in.  Maryland and Virginia have very different rules regarding property when married and when divorcing.

OP, this isn't the place to get information on legal issues.  You need to consult with a lawyer.

There are so many nuances.  For example, if the husband's name is the only name on the deed for the house and the cars and all the bank accounts, but the husband and wife were married for a decade and the wife gave up her job to raise their children, then, no, the husband can't just say "it's all mine b/c my name is on it."  There is a process, and this process varies by state.  Maryland requires one year of separation before divorce, but that doesn't mean that in my scenario above, the wife would be on her own and destitute, with no access to house or car, for that year.

You need to consult with a lawyer.  Again, there are so many nuances.

Personally, though, if I were OP, I wouldn't leave the house.  Because even if OP has a right to go back in, it might take time to sort that out in court.

I know it's after the fact, but this is why it is always a good idea to consult an attorney *before* you announce to you want a divorce/separation and the sh*t hits the fan.  [/quote]

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