Legal Question in Family Law in New Jersey

Can I Keep HER Out?

My wife left my 2 kids and I over 3 months ago for another married man. We have been devastated by her leaving us. We have discovered items missing from our home as she has apparently entered the home when we were not there. Our names are jointly listed on the title and the mortgage of our 4-year-old home. She has not contributed a dime to either the monthly mortgage payment or our children's support since she left us. I recently changed the locks on both the front and back doors for fear of her coming in when I was not there. Since she originally left of her own volition was this legal for me to do and do I have to permit her entrance whenever she wants to come in regardless of what she takes?


Asked on 7/05/03, 6:56 pm

1 Answer from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: Can I Keep HER Out?

In my opinion, once your Wife vacated the marital home to reside elsewhere, you were well within your rights to change the locks. You are entitled to your privacy as well as she. If she has a problem with that, she is well within her rights to seek relief from the Court. I would suggest that you inventory all items in the home immediately with pictures and video that have date stamps. That way you can prove what is in the house at the time. I would also suggest you make a detailed list of items that have been removed by her. You should move forward by filing a Complaint for Divorce and seek and Order of the Court granting you sole and exclusive possession of the property. That will help you significantly if she tries to get the police involved. If you would like to further discuss this matter, please contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

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Answered on 7/08/03, 10:34 am


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