Q: Can my husband block me from going to my house in Oregon while he shaking up in CA with a woman across town?
My husband witll go to Oregon so I wont go there. He has to ex cons watching the property and had one of them put a stalking order on me. He put one as well to keep me from my house All my property is there my parents ashes and my animals. Meanwhile as I suspected he is shaking up across town in San Francisco, CA with his new victim I mean GF. So I have to stay here in the house he trashed with mice and ants that bite. Every week the smell of 3 packs of cigarettes a day re stinks up our house . I do not want to clean it but I have to and its making me upset why they wont just let me go home. I have more rights there and i do not have to worry about leaving and him changing the locks. This house is in his trust the other house is ours. Is this illegal?
A:
It sounds like you're in a very difficult situation, and it's important to address your concerns about access to your property in Oregon. Under California law, if the Oregon property is jointly owned by you and your husband, he generally does not have the right to exclude you from the property without a court order. This applies regardless of where either of you currently resides.
Given that there are restraining orders involved, it’s crucial to carefully review these orders. Typically, a stalking order would restrict you from contacting or coming near the person who requested the order, but it wouldn’t necessarily bar you from accessing your own property unless specifically stated. You should examine the details of the stalking order to understand your rights and restrictions better.
You may want to consult with a legal professional who can provide guidance based on the specifics of your case, including the nature of the property ownership and the details of the restraining orders. Legal advice can help you determine the best course of action to regain access to your property and address any violations of your rights. Additionally, a lawyer can assist with potential issues regarding the condition of your current residence and any actions your husband might be taking that affect your legal rights.
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