Rights to enter joint real property

[ChrysGoDawgs]

Currently, my husband is living in the home we jointly purchased (9.5 years marriage, everything has always been joint with both making monetary and maintenance of all joint property). He informed me on January 9th he was moving out taking certain items, I disagreed, he did it anyway. So, I informed him I was moving the rest of the house contents if he was leaving. We discussed renting the house, and after I moved the rest of the house contents out January 26th he moved back in. The divorced was filed by him January 24th, but he never attempted process service. I just obtained his filing from circuit court myself. A pendente lite hearing will be scheduled soon, but in the meantime he has changed the locks on a property that has a mortgage and deed jointly attached to my name. I have a vested interest in the condition of the house, can I legally enter it? There is not a separation agreement or any court orders giving either exclusive rights to it. He threatens me if I mention entering? What are my rights until our pendente lite hearing?

 

[mightymoose]

Yes you can enter the house, and yes you can force entry if necessary. It is not illegal to break into your own home, and this is not a tenant situation where any notice would be required. you can even change the locks again if you want, and he can change them again later, and so on, etc etc...
Before doing so I suggest you contact your local police and ask them to accompany you. An officer can be a witness to any damage in case you are accused of doing something greater, and can be there to make sure the two of you behave yourselves if the husband is home or unexpectedly returns.
If you do force entry I suggest you minimize the damage because, since it is your home, you will have to fix it.
If you can show something to a locksmith as proof of residency/ownership you can likely get in with no damage.
All that said, if you have retained an attorney for the divorce it would be wise to run the scenario by him/her so you don't complicate things.

Until an order exists that compels you to stay away from the property you can do as you wish with it.

 

[guestposter]

Thank You Very Much! I wanted the maintenance records to my car this afternoon, and he threw a fit. I've played nice for 8 long months, and I'm going home to Georgia via a stop for to visit SC this weekend until my pendente lite hearing. I keep the deed of trust with me, and I have a personal cop friend who will find me an "unbiased trusted escourt" already in place. I was just curious, because if my name is attached to that type of debt I will check the condition of the house periodically. Virginia is apparently a male hating state so I'm not worried with much. Have a goodone.

 

[guestpost]

I have been divorced in Florida now for 9 years. My ex-wife and I jointly own home in Orange County.She had sole possession of house until my 3 children are out of high school.Well my last child just graduated from high school 5-30-2013.I have been paying the full mortgage as she lives rent free! I have my own apartment and pay rent while she continues to live in the house rent free and gives me no money towards the mortgage. Court order states back in 2004 that when last child graduates from high school she is no longer in sole possession of house. The house needs to go up for sale and share the equity in the sale of the house.She is not persuing to leave but stay their with my 3 sons that are out of high school. What are my rights since she is ignoring the court order?