Legal Question in Family Law in Arizona
Entering residence after moving out
I am separated from my husband and I left our home 2 months ago. I left a lot of my things in the house. From time to time I enter the residence to get some of my things. He is now saying that I can not enter our home without his approval. Also, I should not take items without his consent. He also wants an inventory of what I took. If it is ''our'' house which we bought together and I am taking my things do I have to abide by his demands?
1 Answer from Attorneys
Re: Entering residence after moving out
Thank you for your inquiry.
You did not mention whether or not either of you have filed for divorce yet and if so, whether there are any court orders regarding use of the home.
Generally speaking, once the divorce is filed, neither party can remove "community" items from the home without a court order or the consent of the other party.
Usually, when one person has left "personal" or "separate" items in the residence, the parties simply make arrangements for a time that person can pick up his/her belongings.
It would be a good idea to have an inventory of items you have removed and the items that remain in the home so it will be easier to divide these items later.
If you would like to discuss this matter further, please feel free to contact me.
Sincerely,
Monica H. Donaldson
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