Is my cousin by law aloud to changes the locks on her house?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is my cousin by law aloud to changes the locks on her house?

My cousin is two months pregnant and her husband up and left her for another women. She changed the locks on the house after she came home and found some of there belongings and his clothes missing. She went to his new place, that he shares with this girl, to tell him that she wanted her stuff back, he proceed to place and restraining order against her. Last night he tried to get back into the house when she wasn’t home and found out that the locks were changed and is now demanding a new key. Now my question is that, is she allowed by the law to deny him entry because he left willingly and has this order of protection against her?

Asked on May 28, 2018 under Family Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, one spouse may not lock out another spouse unless there happens to be some court order, such as one issued by family court during a divorce, specifically allowing it. It does not matter if he has a protective order against her or left her--he still is entitled to access to the marital home. If she does not let him in, he can get a court order requiring her to allow him back in.


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