Legal Question in Family Law in North Carolina
House Property Rights
For the past three months I have not resided with my wife as a way of separating. I have stayed with a friend while getting a new place. (There are no children involved in this case.) Much of my personal belongings (clothes and other items) are still at my old house. Much of my paycheck (over 65%) still goes toward the mortgage and other household bills. I have not filed for separation yet. Does she have a right to change locks? How can I enter the house and get my stuff legally??
1 Answer from Attorneys
Re: House Property Rights
Easy question without an easy answer. Depending on the way things ended between you two, it could be easy or difficult to have your personal items returned to you. Since you left the residence and it is now considered her primary residence, there is a pretty good chance that her changing the locks is well within her right to do. You certainly do have a property right to consider, but my advice would be to get either her consent to enter or a court order allowing you to go into the house and get your items returned to you.
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