If my husband and I are separated, can I change the locks?
Question Details:
He moved into his own apartment a month ago. I am living in our house we bought together. He keeps coming over 2 or 3 times a week to check his mail or pick up something. He has moved out all his belongings except for some tools. Can I change the locks so he can only come over when I am at home and can monitor what he takes? The house is in both of our names. This situation does not seem right to me and makes me very nervous as I don't trust my husband on many levels.
Technically you can not change the locks without a court order or some agreement between you. The home is still considered to be the "marital home" and he has a right to enter it unless he gives up that right or the court takes it away.
Have you started divorce proceedings? Do you have an attorney? I would consult with an attorney in your area about moving forward and having him precluded from coming and going in the home. A judge may indeed allow you to change the locks considering that your husband has moved out and established a permanent residence somewhere else. A Judge may also limit his access to the times that you are home or make him give you notice of his comings and goings ahead of time (and not a phone call 5 minutes ahead of time; like 24 hours). Good luck.
