Can I Go Back to My House During a Divorce in Michigan?

Your name on the deed may not stop a PPO.

It's your house too. But in Michigan, walking in after your spouse told you to stay out can get a personal protection order (PPO) entered against you, even if you own the home together. This guide explains why, what not to do, and four lawful ways to get back in or get your things.

Why your name on the deed does not protect you

Owning the home does not give you a guaranteed right to walk in during a divorce. A Michigan judge can order you to stay out of a house you own.

• A PPO can bar you from the home. Michigan's domestic PPO law lets a judge stop a person from "entering onto premises." See MCL 600.2950.
• The owner exception does not apply to spouses. The law protects some people who have a property interest in the home. That protection does not apply when the person asking for the PPO is your spouse.
• It can happen without warning. A judge can sign a PPO without notice to you if waiting would risk harm.

No earlier order is needed. A judge can issue a PPO even if no order has told you to stay out of the home. Going in on your own, over your spouse's objection, is the kind of conduct that leads to one.

Three things not to do

1. Do not go in over your spouse's objection. A key, a garage code, or your name on the mortgage is not permission.
2. Do not use your child to get in. Do not ask a child to open the door, hand you a key, or carry things out.
3. Do not take property on your own. Even your own clothes and papers should come out through one of the four ways below.

Four lawful ways to get in or get your things

1. Written permission. Ask your spouse by text or email for a date, a time, and a list of what you will take. Save the reply.
2. A court order. A judge can decide who lives in the home while the case is pending. The judge can also set a time for you to collect belongings.
3. An exchange through the lawyers. Your lawyer and your spouse's lawyer agree on the time, the items, and who will be there.
4. A police civil standby. An officer stands by to keep the peace while you collect essentials. Call your local department's non-emergency line to ask. Each department sets its own rules.

Start with a written list of what you need. Put medication, documents, work items, and children's things at the top.

If a PPO is already in place, only the judge can let you back in, even for a few minutes.

If you are the spouse living in the home

You have options if your spouse keeps coming in after you asked them to stop.

• Put it in writing. Tell your spouse by text or email not to come in without an agreed time. Keep a copy.
• Keep a record. Write down each entry or attempt, with the date and what happened.
• Ask the court for exclusive use of the home. A judge can order that only you live there while the divorce is pending.
• Offer a safe pickup time. A set time for your spouse to collect belongings, arranged through lawyers, lowers the conflict.
• Ask a lawyer before changing the locks. A court order is stronger than a new deadbolt.
• Consider a PPO if you fear for your safety. A PPO can bar your spouse from the home.

If you are in immediate danger, call 911.

Common questions

Can my spouse get a PPO against me if my name is on the deed?

Yes. The property-owner exception in Michigan's PPO law does not apply between spouses. The judge asks whether there is reasonable cause to believe you may do something the law lets a PPO prohibit.

Can my spouse kick me out of the house during a divorce in Michigan?

Not on their word alone. It takes a court order, such as a PPO, an order in the divorce giving your spouse exclusive use of the home, or bond conditions in a criminal case. If your spouse has told you to stay out, do not force your way in. Ask the court to decide.

My spouse changed the locks. Can I break in or call a locksmith?

Do not force entry. Ask for written permission, or ask the court to order who may use the home and when you can collect your things.

How do I get my clothes, documents, and medication?

Make a list and use one of the four lawful ways above. Written permission is fastest. A court order or a police civil standby works when your spouse will not cooperate.

My spouse invited me over, but there is a PPO. Can I go?

No. Only the judge can change a PPO. You can be arrested for violating it even if your spouse invited you.

What happens if I violate a PPO in Michigan?

You can be arrested. An adult found guilty of criminal contempt faces up to 93 days in jail and a fine of up to $500.

How long does a PPO last, and can I fight it?

A PPO issued without notice to you lasts at least 182 days. You can ask the judge to change or end it. File that motion within 14 days after you are served or learn of the order.