Family member has been kicked out of house by wife and now refuses to allow him to come get his clothes and personal items. What course of action does he need to take? Sheriff office has been absolutely no help…
Is there some pending court action -separation suit or anything?
There is not.
Perhaps husband should go ahead and file for a separation. If things are this bad it is probably going in that direction anyway.
One big reason is to get a filing date which would terminate the community retroactive from the divorce decree to the original filing date.
And, as a bonus, it would cost very little more to ask the court to order her to turn over all of husband’s personal items in her possession and to determine things like who should get to stay in the house and who should be paying the other the rental value of the house. A quick consultation with a lawyer would fill in all the details -the pros and the cons of being the first to file.
She has since put herself in the hospital and we have retrieved his clothes. He will be seeing an attorney this week. Thanks for the input.
Barring any restraining orders preventing it, he should move back into the house while she is in the hospital and then file for legal separation including Rule to Show Cause why he should not live there and take possession. His filing can be worded to describe exactly how he feels best to define the Rules of his remaining in the home-either jointly with her or excluding her.
While he is in the “Rule to Show Cause” filing mode, it is a great time for him to file all his ultimate desires to define and set the stage for the complete divorce proceedings until the divorce is final and property settlement decided. including use of vehicles, use of all community assets, preclusion of disposal or encumbrance of community assets, responsibility for debts,….and simply everything associated with the business end of their life as a married couple until finally resolved in family court.
Stated shortly, it is in his and her best interest to NOW legally define all of these things to make the whole process as painless and less confusing as possible in the end.
She will be served with his filings and ordered to appear in family court to respond and given her chance to present her reasons why all or certain aspects of his requests might not work for her.
One of them must take the first step and do so properly. All of this can be done by either of them without an attorney providing they take exact care and very carefully select the wording and format of their filings.