Q: How long do I need to have lived outside of my husbands home to no longer be considered a tenant?
I want to get my remaining things (including our sons birth certificate for his preschool paperwork) out of his house and he has been very resistant in letting me in for them. I want to be sure I can enter the home legally while he is not there to get them, or be able to call a sheriff to assist me in a stand by. We have no separation or divorce papers filed, my name is on the propane bill and perhaps even on the rental agreement still though I'm not positive,
A: If it is no longer your residence, you are no longer a tenant. You do, however, have a legal right to recover your personal property. Whether you can legally enter without your husband's permission may depend upon a variety of exact details. The safest approach is to sue him for return of the property.
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