Divorce? When a temporary order is given for exclusive use of home & Decree is issued, isn’t temp order resci
Bev asked:
When a temporary order is issued to a spouse stating they have exclusive use of the home, isn’t that order rescinded when the final decree is issued? My spouse says he has exclusive use of the home, even thoough the decree has been issued because he intends to appeal the decree. I was told to leave the premises after I had entered the home by a policeman because my husband didn’t want me there. I had permission from my lawyer to call a locksmith and enter the home to get my premarital and personal assets that are not in the decree. So, I ended up paying a locksmith and not getting the key. Instead the policeman handed the key to him and I got nothing! Is there any precedent or clarification anyone can give me on this? I talked to my lawyer and he says the decree is final until the appeal is filed and even then I still have the right to access the home because it is in my name too, and the temporary order is not in effect after the decree unless it states a continuence of order.
When a temporary order is issued to a spouse stating they have exclusive use of the home, isn’t that order rescinded when the final decree is issued? My spouse says he has exclusive use of the home, even thoough the decree has been issued because he intends to appeal the decree. I was told to leave the premises after I had entered the home by a policeman because my husband didn’t want me there. I had permission from my lawyer to call a locksmith and enter the home to get my premarital and personal assets that are not in the decree. So, I ended up paying a locksmith and not getting the key. Instead the policeman handed the key to him and I got nothing! Is there any precedent or clarification anyone can give me on this? I talked to my lawyer and he says the decree is final until the appeal is filed and even then I still have the right to access the home because it is in my name too, and the temporary order is not in effect after the decree unless it states a continuence of order.
More questions & answers:
- Does anyone know how to get a court order without a lawyer?
- The Bailiff said he will be at my home with a locksmith within 7 days to gain entry to my home can he do that?
- What information does a locksmith need in order to key a lock?
- I lived in my partenrs home and she changed the locks and all my belongings are there, Can I call a locksmith?
- Interested in starting my own locksmith business from home, any suggestions?
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Comments on Divorce? When a temporary order is given for exclusive use of home & Decree is issued, isn’t temp order resci »
Since it’s being appealed, he gets the benefits of living there exclusively until he is told otherwise. Sell the house.
It is correct that a temporary order is voided by a divorce decree, even if the decree is contested. The letter from your attorney was issued from a judge, I assume. If it’s just written by his/her office & no judge has signed it, it is worthless. In marriage, your premarital assetts & personal belongings become joint property unlessed specifically listed in the divorce papers as being awarded to you. (Dumb, I know: even your family portraits, heirlooms, clothes, bars of soap! Yes, joint property) Your decree says that you do have access to the house. Before getting a locksmith, take the letter from your attorney (if signed by a judge) go to the local police department first, have them escort you based on your legal rights to enter the house, then get the locksmith to meet you and the police there to obtain entry. Be sure you have your divorce decree with you when you contact the local police. A problem you could encounter if you are trying to remove your premarital possessions from the home is that if your former spouse is there & will not allow the items to be removed, you have no documentation stating that you can remove any property. You have access to the home, that is all. If the former spouse is not home, there is no one to contest what you are taking and no proof should need to be shown to any one. You have permission to enter the home, whether he is home or not, right? I would check out the scheduling of this visit to the house next time. I would just walk on in with the intentions of using my rights to “use of the home” and sit down to watch TV for a while. Every one will have done there job as far as the police, the locksmith, etc . . Use the home for a little while. You might notice a few of your items around while your house is legally in your use. Take them home unless the divorce decree addresses a list of items in the home as belonging to him. Then go home before he gets home. You do not need a confrontation with him. If you have final divorce papers signed by a judge (& your spouse) the temporary order from before is void. If you have notice of his intentions to file for appeal, then he is appealing a ruling that has already been granted in court. That makes his file for appeal a whole different case. There is no telling how long before that case goes to court. Meanwhile, your personal items could come up missing if you do not find some legal way to obtain them soon without his interference. The local police are not necessarily always aware of the details of divorce decrees. I would imagine that the time you obtained a locksmith before & went to the house, your former husband probably had his “order” right there handy and the local police are usually used to dealing with those, they are not so used to interpreting divorce decrees. Avoid your ex, obtain entrance with the police there on your side because you approached them ahead of time, then just thank them for being there so you could gain entry to the home. Don’t wait too long. I personally had many of my belongings come up missing. Been there, done this!