I left the house where my wife and I lived. Neither of us has filed separation or divorce papers. She has changed the locks. I have personal...

Question

I left the house where my wife and I lived. Neither of us has filed separation or divorce papers. She has changed the locks. I have personal effects in the house, that I would like to get from the house. If I have to break in to gain access, will I face any criminal charges?

Answer

It is unlikely you would face criminal charges. The police would likely view this as a civil matter, not a criminal matter. This would especially be true if both of your names are on the deed to the house or on the lease since you then have an equal right to possession of the house. You also could ask the sheriff or police for a civil assist (aka civil standby) in which you pay them to go to the house with you to get your stuff - this will protect you from her filing any sort of domestic violence charge or other charge related to going into the house. Since she changed the locks, you'd likely need to go when you know she's there. If you know that you or she will be filing for divorce, you could go ahead and start the process and then ask the court for an order to go into the house. I offer a free 30 minute initial consultation and work in Weld County if you want to discuss further. Hope this helps.