San Francisco, CA asked in Domestic Violence and Family Law for California

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?

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1 Lawyer Answer
James L. Arrasmith
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  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm so sorry to hear about the difficult situation you're in with your husband. It sounds very stressful and upsetting, especially being blocked from accessing your own home and property in Oregon.

To answer your main question - in most cases, if the house in Oregon is marital property that you co-own, your husband cannot unilaterally block you from accessing it. You have a legal right to enter and use marital property. Trying to keep a spouse from the marital home by changing locks, having others stalk or harass you, or filing false protective orders is often illegal.

However, the laws around this can get complex, especially when it comes to separately owned property, trusts, and domestic violence situations. Without knowing all the details, it's impossible to say definitively whether your husband's actions are illegal in this case.

My strong advice would be to consult with a family law attorney as soon as possible to go over the specifics of your situation and get guidance on your rights and legal options. Many offer free initial consultations. You can also contact a domestic violence hotline for support and referrals to legal resources.

I would start documenting everything - keep records of your husband's actions, save any communications, and write down dates and details of incidents. This evidence may be important later.

Please also prioritize your safety. If you feel unsafe or threatened, don't hesitate to contact the authorities. I know this is an incredibly difficult position to be in. Remember that you have rights and there are resources and people who can help support you through this. Wishing you all the best as you navigate this challenging situation. Stay strong.

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