Can I legally put my husband out of the house and change the locks if his name is not on the house?

Asked on July 24, 2010 under Family Law, Louisiana


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

Answered 10 years ago | Contributor

No you cannot.  The marital residence can be jointly occupied until the divorce is finalized or there is a separation or other legal agreement addressing just who has the right to reside in the home.  This is true no matter whose name is on the lease.  Unless your husband has put you in fear for your safety he has the legal right to live there.  In fact, if you lock him out you can find yourself in a lot of trouble, not to mention this won't help you in the divorce proceedings.  So don't do it.

Before you do anything, you should consult with a divorce attorney in your area.

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