Change door locks

I live in Virginia. My wife left in July and most of
her stuff is still here. Her son who is in college
is still here but planning to move out. I bought
the house before we ever stated dating. Can I
keep her from coming here unless I am home
and can I change the locks to make sure she
does not come in unless I am here.

Asked on March 12, 2017 under Family Law, Virginia

Answers:

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

Answered 3 years ago | Contributor

Unless and until there is a formal separation agreement in effect or a final decree of divorce has beright now, you should consult directly with a dvroce attroeny; they can best advise you further.en issued, the house remains the "joint marital residence". This means that you both have the right to the use and occupancy of it. This is true no matter whose name is on the deed or when it was purchased. That having been said, if you kept the house in your name only, then it will be considered separate property so you will get to keep it in the event that you divorce. In the meantime you cannot change the locks or otherwise keep her out.

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

Answered 3 years ago | Contributor

Unless and until there is a formal separation agreement in effect or a final decree of divorce has beright now, you should consult directly with a dvroce attroeny; they can best advise you further.en issued, the house remains the "joint marital residence". This means that you both have the right to the use and occupancy of it. This is true no matter whose name is on the deed or when it was purchased. That having been said, if you kept the house in your name only, then it will be considered separate property so you will get to keep it in the event that you divorce. In the meantime you cannot change the locks or otherwise keep her out.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.