Is it legal to change the locks on your house?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal to change the locks on your house?

My wife moved out over 6 months ago into an apartment but she keeps coming into the house when I’m not around. My teenager is telling me she plans on moving back into the house once her lease is up which is in another 6 months so I was wondering if I could change the locks.

Asked on July 15, 2018 under Family Law, New York

Answers:

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

Answered 3 years ago | Contributor

Unless and until there is a legal separation agreement in effect or a final decree of divorce that states just which one of you has exclusive possession of the apartment, it remains the "joint marital residence". This is true no matter whose name is on the lease. It is also true even though your wife has temporarily moved out. At this point, your really should consult directly with a local divorce attorney who can best advise you further.

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

Answered 3 years ago | Contributor

Unless and until there is a legal separation agreement in effect or a final decree of divorce that states just which one of you has exclusive possession of the apartment, it remains the "joint marital residence". This is true no matter whose name is on the lease. It is also true even though your wife has temporarily moved out. At this point, your really should consult directly with a local divorce attorney who can best advise you further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption