In New Mexico, can my husband change the locks if I moved out as part of a seperation?

I moved out of the house that my husband and I own because we were not getting along. Can he legally change the locks? We live in New Mexico.

Asked on April 17, 2017 under Family Law, New Mexico

Answers:

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

Answered 3 years ago | Contributor

No, your husband cannot change the locks even if you have moved out. That is because the house still remains the "joint marital residence", at least until you have a formal separation agreement or final decree of divorce that provides otherwise. In other words, without  an agreement stating who gets sole possession of the house, you both still have the right to occupy it.


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.