If my husband and I are going to get divorced but we both still live in the home and both of our names are on lease, can he change the locks to kick me out?

We are in separate bedrooms.

Asked on July 18, 2015 under Family Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, he can't kick you out, and you can't kick him out. One tenant may not kick out another tenant (if you both have your names on the lease, you are both tenants) and one spouse may not kick the other out of the marital home. After the divorce, one or another of you may need to leave, due to the terms of any divorce settlement or decree, but until that happens, you may both live there, and if he does illegally kick you out, you should be able to go to the police for help.

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