Legal Question in Family Law in California

Locked Out By My Spouse

Several months ago, I had to rent a room away from my home to escape from verbal and emotional abuse by my husband. Neither of us have filed for a divorce. Yesterday I discovered he has changed the locks on our house and won't let me back in. Is this legal?


Asked on 7/31/07, 4:55 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Locked Out By My Spouse

Well, legally, if your name is on the lease, you have a right to reside on the premises. However, if you try to move back in, he will most likely go to court and obtain a restraining order on the grounds that you abandoned the premises months ago. The court is going to look hard at that issue, and your reasons for leaving, and why you should be allowed to move back in. This would be a difficult case to win.

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Answered on 8/01/07, 5:03 pm


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