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Can spouse impose restrictions on my entering our home?

Milwaukee, WI |
Filed under: Divorce

Temporary Findings and Order say that "parties may continue to occupy the same residence . . ." and "Both parties are restrained from entering the residence of the other party except by mutual agreement". I moved out because he was making my life miserable, becoming very controlling, I was concerned that the situation might become dangerous. Most personal property is still in the house.
Now he insists that I have to give him 24 notice before entering the house or he will change the locks and require that I make an appointment before entering the house. Can he make this demand? Can he lock me out if I don't comply?

Attorney Answers 1

Posted

If you moved out, you no longer live there and that is his private space. He can't come into your new residence whenever he wants and the reverse is also true. Once you move out, he has the right to restrict your access to the residence. If there are items you would like, you should continue to discuss that with him. I usually recommend that you take all of your desired items at the time you move out.

You should discuss this further with your attorney or, if you don't have one, consult with an attorney to make sure that all of your rights are protected.

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