Legal Question in Family Law in Massachusetts
Need to get access to the upstairs apartment of our 2 decker in Worcester MA; My wife's parents were living there-They moved out to a retirement arrangement about 2 months ago. I would like to see what they have stored up there and set the thermostat-I am paying for the heat for that space. My wife left me 6 months ago; Both of our names are on the lease.
Can I just call a locksmith to get me in the door upstairs? Really want to to change the locks on this house- Her parents have caused damage and her inlaws have taken some of my property and made threats. Do I need to get a restraining order against her and her family (not including my son)?; Would I need to file for divorce before doing either?
1 Answer from Attorneys
You will need to act cautiously, and I recommend that you retain a family law attorney to assist you with what will likely become a divorce situation.
If you have good reason to know that your rented apartment is abandoned, I think you would have ample justification to enter the apartment only to make sure that the thermostat is set correctly and that there are no pipes at risk of freezing, etc. I would not touch or remove their belongings.
In terms of changing the locks and getting a restraining order against your spouse's family, you really need to meet with an attorney before taking any action. You are a homeowner, a landlord, a spouse, and a father, and you may need help coordinating the various legal rights and responsibilities attached to each.
Good luck.
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