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Question:
Can I change the locks on my house after my spouse and I have separated?
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My spouse and I have been separated for a month and we will be headed for a legal separation then divorce. He will be moving into his own apartment by the first of July. In the meantime, even if his name is on the deed and our children (all adult between 21-26) and I occupy the house, can I change the locks on the house? I will be away from the house for a week and am afraid he will take things from the house that were given to me by my father before we were and items that are the children’s.
Answer:
If his name is on the deed and you do not have a written agreement or a court order granting you exclusive possession of the house, he can come in whenever he wants. If you change the locks, he may not try to enter. However, if he does, he will not have broken any law. I would recommend that you consult with a local attorney to determine how to secure the house and/or your contents prior to your departure.
Do you have questions about your upcoming separation or divorce? If so, contact the experienced Saratoga Divorce Attorney Jean Mahserjian.
This educational blog was brought to you by Jean Mahserjian, an experienced Saratoga Divorce Attorney This does not consent an attorney client relationship.
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