CanI lock my husband out of the house ifI have filed for divorce?

My husband moved out of the house and I filed for divorce. I changed the locks, but he broke in and took “his” stuff. Can he do that?

Asked on September 9, 2010 under Family Law, California


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

Answered 10 years ago | Contributor

No, you cannot lock him put.  Unless there is a legal separation agreement in place that addresses this situation or other legal document. Basically, as long as he is your husband he has a right to be in the "marital" residence.  Also, since your husband's name is on the deed he still has ownership rights.  Unless, he has put you or another legal occupant of the premises in fear for their safety, he cannot be prohibited from entering.  Even then, only a temporary order of protection would be issued.

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