What do I if my ex locked me out and I own the house? (2024)

FAQs

Can your ex lock you out of your house? ›

California Family Code Section 6321

The “kick out” order, as an exclusion order is sometimes called, is a document that is legally enforceable and puts one party in sole possession of the couple's residence in the event of domestic violence and other such emergencies.

Many police stations provide civil standby services, where a police officer will accompany you to collect your belongings and help keep the peace. This can provide an extra level of physical safety, as well as ensure there is a witness to any disputes that may take place.

If your ex won't let go of an item, and is unwilling to compromise, let them have their way. In some cases, however, you may need to bring in a friend or even a lawyer to mediate. If your ex is insisting on keeping high priced items, which you legally own, it may be worth your effort to try to get them back.

Generally, to obtain a replevin order, you will need to provide evidence that you are the rightful owner of the property and that the other person has no legal right to possess it. If you are able to prove this, the judge will grant the order, and with that order, you can retrieve the property.

Since both of you jointly own the home, both parties must agree to any changes in ownership or refinancing. If your ex is not cooperating, you might need to take legal action. One option could be to file a partition action in court.

You could hire a lawyer to send him a demand letter. It would put him on notice that you wanted to get your things and stipulate arrangments for you to get them. Alternatively, if he ignored that, you could bring him to small claims court for the return of your property, or its value if he no longer has it.

You could call the police or sheriff to help you get the property back. Having some proof of ownership would be helpful. Keep in mind that these policing agencies deal with criminal matters and conversion is a civil matter so they may decline to help.

You can seek legal advice and ask a lawyer to write a letter of demand to the person who has your stuff asking them to give your things back within a period of time and advising them that if they don't that you will go to court.

Replevin is a legal process used to return specific items to the rightful owner. A judge can decide who the rightful owner is, and then issue an order (sometimes called a writ of replevin) that allows the sheriff to go to the place where the items are and take the items.

In conclusion, it is possible to take legal action against someone who throws away your belongings without consent. However, the outcome of such a lawsuit depends on various factors, including the value of the items and any applicable laws or agreements between the parties involved.

Can my ex legally throw my stuff away? ›

Lawyer: Ben S. Yes, the value of the items makes a difference in what you may legally do with them. An item that is worth less than $700 can be thrown away (or otherwise disposed of any way you want to). An item that is worth more than $700 requires a special handling that is a big pain in the butt.

While the specific timeframe can vary depending on the jurisdiction, a common guideline for allowing someone to retrieve their belongings after moving out is 30 days. This is often considered a reasonable period for the person to make arrangements and collect their possessions.

Apply to the court

If you and your ex can't reach an agreement, you can ask a judge to allow you to retrieve your household items and personal belongings. Depending on your situation, the options available and the time it will take can vary.

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.

It is probably not wise or kind to kick them out before they have a chance to find a place and make plans, and it likely will go much more smoothly if you give them a reasonable amount of time to do so. Still, you can usually evict your ex if they refuse to move out in a reasonable amount of time.

Under California law, if someone has established residency in your home, which it sounds like this young lady has, you'll need to follow formal eviction procedures to ask her to leave. This usually starts with giving her a written notice.

In the absence of any court orders or legal agreements granting him specific rights to the property, he does not have an inherent right to enter as he pleases. If you are uncomfortable with him entering the property without your permission, you have the right to deny him access.

Do I have to leave? If your name is on the lease or deed, then you have a legal right to continue living at that property. If your name is not on the lease or deed, you may not have a legal right to continue living on the property, and your ex may evict you.