Can you legally change the locks on your spouse?

Can you legally change the locks on your spouse?

As a general rule, the answer is “no”: Unless you have a court order excluding your spouse from the home, although you can change the locks on the marital home, you cannot prevent your ex- from returning to the home, even if that means breaking into the home, or even changing the locks again to lock you out.

Can I change the locks on a jointly owned property?

If the property is jointly owned then you cannot change the locks without the agreement of the other person. Both of you have a right to access and to occupy the property. If only one of you owns the property then the owner is entitled to change the locks.

What happens if you change the locks if your husband leaves?

He cannot legally kick you out of the house by changing the locks, or even evicting you. You each have the right to possession of the residence and even if one of you files for divorce, you still both have the right to possession unless you get a ‘kick-out’ order as a result of a domestic violence order.

Can I change locks when wife moved out?

Unless you have a court order, you cannot change the locks legally without your spouse’s consent. It is generally expected if your spouse moves out that they will not return unannounced and enter the house when you do not want them there.

Is moving out considered abandonment?

In general, leaving the marital home prior to commencing a divorce action is not considered abandonment but it may adversely affect your ultimate child custody schedule with your minor child. Leaving the marital residence can play a role in the court’s determination of custody and physical placement.

Do you need a lawyer to sign your rights away?

Having an attorney is not the issue here – you cannot simply “sign your rights away.” No court is going to let you terminate your parental rights just because you don’t want to be involved with the child.