Legal Question in Civil Litigation in Ohio
Separation from Spouse
I have separated from my husband because he made it impossible to stay with him. I left pictures, dishes, etc. to get later. He has changed the locks, moved another woman in and now won't let me get my stuff. Most was given to me by my deceased mother. The house is actually in my name. Can I go in there, break the door down if I have too and retrieve my stuff?
2 Answers from Attorneys
Re: Separation from Spouse
I think that it is time that you filed for divorce! If you can not convince him to voluntarily allow you to retrieve your property from a house that is titled in your name then the only legal option that you have is to get an attorney to get a court order. Most likely, this would be a matter that should be dealt with in conjunction with a divorce.
You need to talk directly to an attorney as soon as possible. If you have been out of the house and have a separate residence, you should not risk trying to break in-even if it is to get your own stuff. This guy sounds like a real jerk and will most likely make you out to be the bad guy. You could even be charged with breaking and entering. So-Don't break down the door. Do talk to an attorney asap.
If you have additional questions feel free to give me a call and I will see what I can do. No charge or obligation for the confidential call.
good luck!
DHD
Re: Separation from Spouse
I am assuming no Court is involved at this point. DO NOT start any physical confrontation or arguments, you could end up being charged with domestic violence. To retrieve your possessions, I suggest approaching the local police with a request to escort you to the home to get your things. If you do go yourself, bring some level headed witnesses along and be prepared to remain calm and collected during your conversation with your husband. You should think about either entering the process of divorce or attempt to reconcile. You might try counseling.