If my husband moved out the house 2 month ago without first giving me notice, can I now change the locks?

He comes by every 3-4 weeks to get things. He wants to come tomorrow and get a TV and other things. He has not paid the mortgage for almost 2 months, not even the untilities, nothing. I do not want him to come with other people and I am not around.

Asked on November 15, 2015 under Family Law, Texas

Answers:

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

Answered 5 years ago | Contributor

Until there is a final divorce decree or other court order issued, both spouses have equal rights to the "marital residence". This is true no matter whose name the deed/lease is in and whether or not one of the spoues's has moved out. Therefore, you cannot lock him out.
The above holds true as long as our husband has not put you in fear of your safety. At that point, you could get an emergency protective order to keep him from entering the residence.
  At this point, you really should consult directly with your attorney; they can best advise you further.


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