Can I change the locks to our home if my spouse isn’t staying there?

My spouse still has things in our home but stays somewhere else. He will not let me use things like the lawnmower in the barn as he took the keys. Do I have the right to move his things from the house to the barn and change the locks? Does he have the right to take the key to the lawn mower?

Asked on June 20, 2017 under Family Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Until there is a formal separation agreement in effect or a final decree of divorce has been issued, both spouses retain the right to the use and posseession of the home, as it is still considered to be the "joint marital residence". This is true even if one of the spiuses has moved out (and no matter whose name is on the deed/lease). Accordingly, you do not have the legl right to change the locks or remove your husband's belongings from the premises, at least at this time.


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