Is my cousin by law aloud to changes the locks on her house?
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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 5 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.
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