Can I lock my husband out if I want a divorce?
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Can I lock my husband out if I want a divorce?
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Asked on September 10, 2017 under Family Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless there is a legal separation agreement in effect or a final decree of divorce has been issued that provides otherwise, the house shared by a married couple remains the "joint marital residence". This means that they both have the right to live there, even if 1 of the spouse's has moved out. This is true no matter whose name that the deed/lease is in. Bottom line, if you attempt to lock out your husband, he can take legal action.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless there is a legal separation agreement in effect or a final decree of divorce has been issued that provides otherwise, the house shared by a married couple remains the "joint marital residence". This means that they both have the right to live there, even if 1 of the spouse's has moved out. This is true no matter whose name that the deed/lease is in. Bottom line, if you attempt to lock out your husband, he can take legal action.
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