Legal Question in Family Law in California
I have been out of state working for four months, my wife wants a divorce can she keep me from getting my personal property from the house, what sort of recourse do I have. Can she keep me from entering the house as she said my belongings are out in the garage. As far as I know she doesn't have a restraining order but if she does what recourse do I have.
1 Answer from Attorneys
Any restraining order she may have obtained is not effective against you until you are served with it. You can always have a search run to find out if there is one in existence. Without an effective restraining order, it is the law that neither spouse may be excluded from the other's dwelling, and you are still a spouse. So she can't prevent you from going and getting your things or even going back to live there, and if she changed the locks you can have yourself let in.
That being said, it is better not to stir things up and to try to accomplish getting your personal property as peacefully as possible with whatever means of communication you have.
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