The marital home in which spouses live during the marriage is usually marital or community property because it was acquired during the marriage, is jointly owned by the spouses, and is subject to division upon divorce. And both spouses have the right to access the marital home during the marriage unless there is a court order requiring a spouse not to enter the home. Even if the marital home is separate property owned by one of the spouses before marriage, both spouses will generally have the right to access the home during the marriage and the divorce process unless there is a court order prohibiting a spouse from entering the home or granting one spouse the right to exclusive occupancy of the home.
When spouses separate and one spouse moves out of the marital home there may be items of personal property the spouse would like to retrieve from the home. Or there may be items of personal property in a storage locker leased by the spouses that one spouse would like to retrieve. A spouse generally has the right to enter the marital home or a storage facility leased during the marriage to retrieve items of personal property. But if a spouse anticipates a confrontation or violence from the other spouse it may be best to seek a court order, and possible police or constable supervision during the retrieval of such personal property items.
Laws regarding access to homes, storage lockers, and other spaces that may house items of personal property vary from state to state, and spouses should consult with a family law attorney to fully understand their options and protect themselves from the consequences of an uninformed decision.
In Texas, the marital home is typically considered community property if it was acquired during the marriage, regardless of whose name is on the title. Both spouses have the right to access the marital home during the marriage and the divorce process, unless a court order states otherwise. This includes the right to access the home to retrieve personal property. Similarly, both spouses generally have the right to access a storage locker leased during the marriage. However, if there is a risk of confrontation or violence, it is advisable to obtain a court order for property retrieval, which may also allow for police or constable supervision during the process. Texas law recognizes the importance of protecting both parties' rights to property while also ensuring their safety. Spouses should consult with an attorney to navigate the specifics of their situation and to understand how to proceed legally and safely when retrieving personal property from a marital home or storage facility.
