Can you legally lock your spouse out of the apartment you live in as a married couple?

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Can you legally lock your spouse out of the apartment you live in as a married couple?

Can you lock you spouse out of the apartment you live in together. There is no divorce or separation involved.

Asked on July 21, 2017 under Family Law, Iowa

Answers:

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

Answered 3 years ago | Contributor

Until there is a formal separation agreement is in effect or a final decree of divorce has been entered, the home shared by a married couple remains the "joint marital residence'. This means that both spouses have eququal rights to occupancy, no matter whose name is on the deed/lease. If a spouse is unlawfully locked out, the police can let them back in and/or the evicted spouse can go to court and get a court order which allows them re-entry.

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

Answered 3 years ago | Contributor

Until there is a formal separation agreement is in effect or a final decree of divorce has been entered, the home shared by a married couple remains the "joint marital residence'. This means that both spouses have eququal rights to occupancy, no matter whose name is on the deed/lease. If a spouse is unlawfully locked out, the police can let them back in and/or the evicted spouse can go to court and get a court order which allows them re-entry.


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