Is it legal for me to secretly record what my husband does in our house while I'm away?

Define record. If you record phone conversations, you may be in violation of the law, depending on the state in which you live. However if you are talking about video camera recording, then there is no law against any recording of events that occur within your house in any of the 50 states, or US territories. Why? Because, if you own a property, anyone coming into your house implicitly gives up their right to privacy under common law for the rules and regulations that you set forth in your house. For example, you may not have doors to any rooms in your house by your own choice. If someone chooses to use the bathroom in your house ( without doors) then they make a conscious decision to do so--even though they might feel offeneded. Offense does not equal a violation of the law. Second, you are entitled to secure your posessions and a video camera allows you to do that. It doesn't matter if you are securing them from a family member or a robber, the law allows you to do so.

The only caveat is that you cannot record anyone who is not on your property without their consent. You cannot listen to the conversations of individuals above the age of majority without their consent. (You have a right as a parent to monitor all actions of your children under the age of 18 if you so choose, even if you want to listen in on their phone calls)

Clearly, noone would go to such extremes, but you are permitted to do so by the laws in all the states and territories.

the bigger question is, why would you want to do this?

It's legal..........but, there may be heavy consequences to pay, if he discovers the recordings. its called trust or a lack of it. what is your motive? do you suspect your husband is cheating on you?

i can promise you this, if you do not have justifiable reasons, for taping your husbands events, while you are away, you will be looking at a divorce. being innocent and being spied on, takes the heart and soul out of a marriage. if you have lost your trust, you have lost your marriage. how would you feel, if your husband video taped your house movements, while he was away? nothing quicker will land both of you in divorce court. its not illegal, but the ramifications can be devastating. i would not do this, unless i had just cause.

One poster said phone conversations are illegal to record, then you must ask yourself if you break the law, is it worth the consequence if enforced to the full extent. Does the recording help you enough to pay for it that way? I don,t know, people break laws at times to serve the greater good, sometimes the greater good will see that to and enforcement is minimal or pardoned. I can imagine a fictional situation where no one believes you and you don,t want to or can not use a phone recording in court, but playing it for a key person brings them to your side and that made a world of difference.

You didn't say what the reason was for wanting to spy on your husband inside your own home. Domestic matter? Civil? Criminal?

If criminal, go to the police. This is not for amateur sleuths.

If civil, hire a lawyer.

If a domestic situation is troubling you and you can't discuss it openly with your husband, see a marriage counselor. Marriage is supposed to be an equal partnership. If yours has in fact deteriorated into a power struggle/contest, either it can be saved or not. It depends on how much BOTH of you want to work on saving it.

While you are thinking about this, ask yourself another question and answer it honestly. Suppose your spying reveals nothing. What will be your next move? Will your drop the idea and conclude that your husband is innocent after all, or will you redouble your efforts to find "evidence?" Are you trying to make up your mind, or is your mind already made up (and now you want to justify what you have already decided to do)? If the honest answer is the latter, I'd say the problem is more yours than his and such a marriage is probably not worth saving anyway.