Can I change the locks on my home?
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Can I change the locks on my home?
My soon to be ex-wife moved out of the home on November 6, 2016 and moved in with her boyfriend. The home is in my name only. She has no belongings inside the residence. She agreed via text message to allow me to store the remainder of her belongings in a storage building on the property. She has full and complete access to that storage building. She continues to come to the house and go inside and rummage through the belongings of other residences of the home. Cannot be proven but she has taken items from the home that are not hers. She has removed mail from the mail box that does not belong to her. I am concerned that this will continue.
Asked on March 13, 2017 under Family Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless and until there is a formal separation agreement in place or a final decree of divorce has been issued, the home remains the "joint marital residence". This means that she has the same right to be there as you, even if she has moved out. This is true no matter whose name the deed/lease is in. At this point, you should consult directly with a divorce attorney in your area; they can best advise you further.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless and until there is a formal separation agreement in place or a final decree of divorce has been issued, the home remains the "joint marital residence". This means that she has the same right to be there as you, even if she has moved out. This is true no matter whose name the deed/lease is in. At this point, you should consult directly with a divorce attorney in your area; they can best advise you further.
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