Can I lock my husband out if I want a divorce?

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Can I lock my husband out if I want a divorce?

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Asked on September 10, 2017 under Family Law, New York

Answers:

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

Answered 3 years ago | Contributor

Unless there is a legal separation agreement in effect or a final decree of divorce has been issued that provides otherwise, the house shared by a married couple remains the "joint marital residence". This means that they both have the right to live there, even if 1 of the spouse's has moved out. This is true no matter whose name that the deed/lease is in. Bottom line, if you attempt to lock out your husband, he can take legal action.

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

Answered 3 years ago | Contributor

Unless there is a legal separation agreement in effect or a final decree of divorce has been issued that provides otherwise, the house shared by a married couple remains the "joint marital residence". This means that they both have the right to live there, even if 1 of the spouse's has moved out. This is true no matter whose name that the deed/lease is in. Bottom line, if you attempt to lock out your husband, he can take legal action.


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