Do I have legal right to my house
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Do I have legal right to my house
I have been out of my house for a
little over a year. I need to move in
my basement or live on the street.
There are not any legal papers keeping
me out. My name is on the deed. It is a
VA LOAN.MY WIFE will not let me in.I
live in Milwaukee Wiscconsin. Do I have
the right to enter the house.
Asked on August 25, 2016 under Family Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
As long as there is no order in family court (e.g. a divorce decree or some interim order while the divorce case is pending) which says that you can't live in the home, then so long as you are still on the deed--that is, you are still an owner--you have the right to live in the house, regardless of what your wife wants. If she does not want to live with you, she can move out.
Note that if she has changed the locks or is physically keeping you out, you can't break in or use force to enter--you may be committing a crime if you do. Rather, you need to go to country court and apply for a court order (which can be done on an "emergent," or "urgent," basis) that she must let you in. If you can't afford an attorney, you are allowed to act as your own lawyer ("pro se"). The court clerk's office should be able to give you basic instructions on filing such an action and/or provide sample or template forms.
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