Keep my spouse out

UPDATED: Sep 30, 2022

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Keep my spouse out

My spouse left the home about 1 1/2 years ago and has resided in another state since. We have filed for divorce. I do not want her to come into this home and want to inform her of this and have the locks changed. All of her belongings have been removed and are in storage. How do I go about making sure that she cannot come back to this home for any reason? She is not in title and never was. I purchased this home prior to our marriage.

Asked on November 7, 2016 under Family Law, Indiana


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

Answered 6 years ago | Contributor

Regardles of whose name is on the deed, until a final decree of divorce issued (or a formal separation agreement is entered into), the house will remain the "joint marital residence", which means that both spouses have a right to occupy it. At such time as the divorce is finalized, the issue of occuancy will be determined.

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 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.

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