Who keeps house in a divorce?

Who keeps house in a divorce?

In most divorces, the marital home is a couple’s biggest asset. It’s also the center of family life and often serves as an anchor for families with minor children. If a judge determines that the marital home is one spouse’s separate property, the solution is simple: the spouse who owns it, gets it.

Can I change the locks on my marital home?

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.

Can I change the locks if my wife moves out?

Where I practice, there are no specific laws preventing a spouse from changing the locks on the marital home once the other spouse has moved out. If your wife has stated or implied that she is no longer going to reside at the marital residence, you may be allowed to change the locks.

When a wife leaves the marital home?

Desertion of the marriage is when one spouse leaves the marital home against the other’s will. For example, if you move out even though your wife doesn’t want you to, or vice versa, that could potentially be used as grounds for divorce.

Can a house be sold without both signatures?

Both signatures are needed even to put the house on the market, much less sell it. Ownership as tenants in common means you can sell your half of the house without her permission – but only half. Deeds differ from titles in that the title declares how ownership is held and allows transfer of that ownership.

Can one spouse kick the other out?

In California, it is possible to legally force your spouse to move out of your home and stay away for a certain length of time. One can only get such a court order, however, if he or she shows assault or threats of assault in an emergency or the potential for physical or emotional harm in a non-emergency.