Can my husband change the locks on our home door if we are not divorced or legally separated yet?

Asked on August 20, 2015 under Family Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, one spouse has no right to exclude the other from the marital home...he cannot keep you out, and you cannot keep him out. If he does change the locks, first go the police--they may and should help you and let you in. If they do not and sometimes the police will not intervene in what they see as "civil," or non-criminal matters, even when the should, consult with a divorce or family law attorney which you probably should be doing anyway, if you have not yet done so, under the circumstances you describe the lawyer can go to court on an "emergent" think "urgent" or "emergency" basis to get a court order letting back in. And your husband's behavior will likely be taken into account by the court in divorce proceedings.


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