Legal Question in Family Law in Michigan

Re: removing personal property from residence without permission

It depends on many factors. How long has he been out of the house? Does he own the property? Is he on the lease? Is there a PPO issued against him? Is there history of violence or abuse? Call me at 586-992-9981 and we can discuss this so I can better assess the situtation and tell you in detail what your rights are.

Re: removing personal property from residence without permission

Aside from the particulars, there are basically two questions here. 1) Is it legal? Probably. 2) Would a judge do anything about it, even if it is found to be improper? Unlikely.

You specified that he only took his own belongings, so he didn't steal anything. And, technically, unless there was some sort of court order granting sole possession as as suggested a PPO, he was entitled to enter and leave at will, since he still lives there legally.

Of course, if you are the spouse with the house, immediately get that taken care of AND change the locks. If you are the spouse who entered, don't do it again: you will probably get away with it once, but not twice. You left the house, you no longer have any belongings there [if you left anything there, you were foolish, because now there WILL be a court order preventing it], so you have no right to enter any more.

That being said, you DO still retain a financial interest in the house, so make sure that YOU go get a court order specifying that neither of you should damage the home, or do anything to lower it's for-sale value, pending resolution of the property in the divorce judgment.

Re: removing personal property from residence without permission

The husband has not violated any law by entering the premises under the circumstances. However, the wife could legitimately change the locks since the husband has left the home. If the wife wants him out permanently, she can file a motion with the court and seek a court order to that effect. Bill Stern 248-353-9400