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


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.

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