Do I have the right to change the locks on my door because my spouse as a new place of residency so she no longer resides here?
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Do I have the right to change the locks on my door because my spouse as a new place of residency so she no longer resides here?
My wife and I have been separated for 3 years 6 months after she moved out she changed her address she does not reside at the house no more and I have documents to prove that she has her address change and where she was living at buy a tax return form and also food stamps he had abandoned me 3 years ago.
Asked on November 14, 2017 under Family Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless and until there exists a legal separation agreement or there has been issued a final decree of divorce, the house, etc. that you shared still remains the "joint marital residence". This means that your wife still has the right to occupy the home, therefore you cannot just change the locks (although in some states after 3 years she may have lost those rights). At this point, why not file for divorce (or at least a legal separation)?
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless and until there exists a legal separation agreement or there has been issued a final decree of divorce, the house, etc. that you shared still remains the "joint marital residence". This means that your wife still has the right to occupy the home, therefore you cannot just change the locks (although in some states after 3 years she may have lost those rights). At this point, why not file for divorce (or at least a legal separation)?
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