Legal Question in Family Law in Missouri
I have been renting a home from my cousin for 3 years. I have been married for two years come August. My husband and I have been separted since November 2010. He moved all of his personal belongings out of the house. The only thing in the home that is marital property is 2 t.v.s and a bed. We are trying to work on things with boundaries in place where he only comes to the house to visit (not staying the night) once in a while and he is not sticking to this agreement. The cops have told me that even though his name is on nothing (no household bills, rent is in my name only, he filed a change of address and rents elsewhere) we are married and he can come to the house if he wants to. I need to know if this is true. I don't want to get my cousin involved due to repurcussions that could happen.
1 Answer from Attorneys
I advise my clients not to take legal advice from the police. They are not lawyers. In this case, they are simply wrong. Your husband has no right to enter your dwelling unless he owns it or is on the lease. If you need to file for an Order of Protection, it is possible that the Court will Order him to stay away from you and your home. Good luck.