Is it legal to change the locks on your house?
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Is it legal to change the locks on your house?
My wife moved out over 6 months ago into an apartment but she keeps coming into the house when I’m not around. My teenager is telling me she plans on moving back into the house once her lease is up which is in another 6 months so I was wondering if I could change the locks.
Asked on July 15, 2018 under Family Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless and until there is a legal separation agreement in effect or a final decree of divorce that states just which one of you has exclusive possession of the apartment, it remains the "joint marital residence". This is true no matter whose name is on the lease. It is also true even though your wife has temporarily moved out. At this point, your really should consult directly with a local divorce attorney who can best advise you further.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless and until there is a legal separation agreement in effect or a final decree of divorce that states just which one of you has exclusive possession of the apartment, it remains the "joint marital residence". This is true no matter whose name is on the lease. It is also true even though your wife has temporarily moved out. At this point, your really should consult directly with a local divorce attorney who can best advise you further.
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